October 20, 2014
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What's New at IAFF 152
Weingarten Rights

Posted On: May 09, 2012 (04:08:01)
The US Supreme Court holds that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights. During an investigatory interview, the following rules apply: Rule 1: The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request. Rule 2: After the employee makes the request, the employer must choose from among three options. The employer must: grant the request and delay questioning until the union representative arrives and has a chance to consult privately with the employee; deny the request and end the interview immediately; or give the employee a choice of having the interview without representation or ending the interview. Rule 3: If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.
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