Learn about the rights of union employees in disciplinary meetings under the Weingarten ruling. Prepare for the SHRM-SCP certification exam with expert insights.
Table of Contents
Question
Following an investigation, HR calls a meeting to discuss the disciplinary action that will be taken against a union employee. The employee requests the presence of a union representative in the meeting. Which of the following is true?
Answer
The union employee is not legally entitled to union representation in the meeting. The union member is legally entitled to representation during an investigative interview under the Weingarten ruling, but that right does not apply to other meetings such as one to discuss the findings of an investigation.
Explanation
The union employee is not legally entitled to union representation in the disciplinary meeting described in the question.
The key distinction is that the Weingarten ruling, which was a 1975 Supreme Court decision, entitles union members to have a union representative present during investigative interviews if the employee reasonably believes the interview may lead to disciplinary action. This right is limited to investigative interviews where the employee is questioned.
However, the Weingarten right does not extend to other types of meetings, such as the disciplinary meeting described in this question where the purpose is to inform the employee about the disciplinary action being taken as a result of the already completed investigation. Since the investigation has concluded and the meeting is to discuss the disciplinary outcome, not to conduct investigative questioning, the employee does not have Weingarten representation rights in this scenario.
So in summary, while union employees have the right to a union representative when being interviewed in an investigation, that right does not apply to a disciplinary meeting held after the investigation to inform them of the disciplinary decision. The union employee in this question is not legally entitled to union representation in the disciplinary meeting.
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