Over the weekend, a foreman called a worker at home to ask questions about missing tools. Did the worker have to answer the questions?
No. Weingarten rights apply to telephone interviews. A worker who fears discipline can refuse to answer questions until he or she has a chance to consult with her steward. Q A worker was called into the plant manager’s office. She asked for her steward, but was refused. The manager said, “Doreen, yesterday you refused a direct order to work overtime. Therefore, we’re giving you a one-day suspension for insubordination.” Did the company violate Weingarten? No. Weingarten rights do not apply to meetings where employers simply announce discipline. However, if the employer starts asking questions or tries to make the employee admit guilt, Weingarten would apply and the employee can insist on the presence of a steward or other union representative before answering.
