May a union employee demand to have a union representative present during an investigative interview?

Author: Irene Stavrellis Englert, Englert Legal Consulting, LLC

Yes. Commonly known as the Weingarten right, an employee has a right to union representation when the employer is conducting an investigative interview, and the employee reasonably believes that he or she may be disciplined as a result of the interview. See NLRB v. J. Weingarten, Inc., +420 U.S. 251 (1975). However, the employee must take the initiative to request such representation at the interview. The employer is not required to inform the employee of this right.