Learn about Weingarten rights for union employees under investigation. SHRM-SCP practice question explains employee’s right to union rep but not attorney. Prepare for the SHRM Senior Certified Professional exam.
Table of Contents
Question
A union employee is currently under investigation for a policy violation. The employee has brought along an attorney to assist during the investigatory interview. What step should the employer representative take next?
Answer
Inform the employee that the attorney may not attend the interview. According to NLRB v. Weingarten, an employee has the right to have a union representative at an investigational meeting, but not an attorney.
Explanation
If a union employee who is being investigated for a policy violation brings an attorney to the investigatory interview, the employer representative should inform the employee that while they have the right to union representation during the meeting, they do not have the right to have an attorney present.
This principle comes from the Supreme Court case NLRB v. Weingarten, which established that unionized employees have the right to request the presence of a union representative during an investigatory interview if they reasonably believe the meeting could result in disciplinary action. However, Weingarten rights do not extend to having an attorney present.
The employer should explain to the employee that under the National Labor Relations Act (NLRA), they are entitled to union representation, but not legal counsel, during this investigatory discussion. The employee’s Weingarten rights allow them to have a union rep present to provide advice and support, ask for clarification of questions, and raise objections to inappropriate inquiries. But union employees under investigation do not have the right to turn the meeting into a formal adversarial legal proceeding by bringing an attorney.
So in summary, the appropriate next step is for the employer to clearly but respectfully communicate to the employee that while a union representative is permitted, the attorney will not be allowed to attend the investigatory interview. The employee can then choose to proceed with only their union rep or without any representation.
SHRM Senior Certified Professional (SHRM-SCP) certification exam practice question and answer (Q&A) dump with detail explanation and reference available free, helpful to pass the SHRM-SCP exam and earn SHRM-SCP certification.