When is an employee entitled to union representation during meetings with the employer?
An employee has a legal right to union representation at any interview(meeting) with the employer (management) when the employee has reasonable fear that disciplinary action may result based upon the interview(meeting). At any point prior to the beginning of the meeting or during the meeting, the employee may request such representation. Once the request has been made, management must stop the meeting and allow the employee time to secure a union representative. The employee does not have a right to a specific union representative. The employer may also terminate the meeting and make its decision based upon information it is able to obtain without the interview. Except in unusual circumstances, however, it is desirable to postpone the meeting for a reasonable period to enable the employee to secure union representation. This entitlement to union representation is sometimes referred to as an employee’s Weingarten Rights, after the U.S. Supreme Court case in which the entitlement was fir
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