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Unions are entitled to represent employees in
meetings management holds with employees in connection with an investigation. Discussions
at such meetings are referred to as Weingarten discussions after a private sector case by
that name.
Three conditions must exist before this entitlement arises:
- One or more management representatives must be examining the bargaining unit employee in
connection with an investigation; and
- The employee must reasonably believe that the examination may result in
disciplinary
action against him/her; and
- A
bargaining unit employee must have requested representation by
the union.
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Where all three conditions exist, management may
not continue the examination without providing the union an opportunity to be represented.
Management’s options are:
- Grant the request and notify the union that a meeting to examine a bargaining unit
employee will be held. If the union elects to attend, it must be allowed to make relevant
comments.
- Notify the union of the meeting and allow the union a reasonable amount of time to
appear. If the union cannot or does not have a representative available within a
reasonable period of time, the meeting may be conducted without representation.
- Discontinue the interview and rely on evidence already available or that which might be
obtained by other means.
or
- Offer the employee a clear choice to:
- Continue the interview without representation, or
- Have no interview.
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