Employees have a right to union representation when they "reasonably believe" that an investigatory interview is to take place. Investigatory interviews occur when a supervisor questions an employee to obtain information which could be used as a basis for discipline or when employees are asked to defend their conduct.
Important Note: Employers do not have an obligation to inform employees of their "Weingarten rights".
The request for union representation must be made by the employee, and may take place either before, or during an investigatory interview.
Once union representation has been asked for the employer has three options:
1. Grant the request and delay questioning until the union representative arrives.
2. Deny the request and end the interview immediately.
3. Give the employee a choice of: (a) having the interview without representation, or (b) ending the interview.