It is a right beneficial for the employees of a particular organisation. This right says that if the employee is questioned by the manager or employer, he or she has a right to get support from a coworker or union representative, especially if the questioning can lead to punishment like suspension or firing. It is a process, which assures that the process is fair enough.
- Choices that management has if an employee requests to present a Union Representative:
- Cancelling the interview
- Inform the employee that the interview will be cancelled unless they give up on the right to union representation.
- Pause the interview until the coworker or representative arrives.
When the employee asks for a union representative at the time of an investigation, the employer must coordinate with the employee to take the interview at mutually agreeable timings within a day or two. It is not essential to postpone the conference due to the lack of Union Representation.
When do employees have the right to representation in this act?
- If the employee is having reasonable concern about the answer you give in the professional meeting can eventually question your discipline or hinder the job security. Here are some of the major criteria that you can consider:
- Meeting with supervisor: If the supervisor arranges a meeting to gather the facts like questioning the employees about their actions and hears the point of view of an employee about a particular incident.
- Discussion about discipline: It is the superior who questions your discipline towards work. If the meeting is to gather information about the application of discipline, the employee can opt for Weingarten Rights.
- When a superior asks to write a statement: the employee can opt for Weingarten Right if the supervisor asks the employee to answer the question regarding a specific incident which is serious and the employee is involved in it.
Criteria in which this right can not be applicable:
- Meeting regarding work instruction, necessary correction of training of an employee
- Before discussion, it is already informed by the employer that there will be no negative consequences
- If the meeting is only about discussing the disciplinary that has already been made and there is no need for changes or other opinions.
