Holding an Investigatory Meeting

In NLRB v. J. Weingarten Inc., the U.S. Supreme Court established that union-represented employees have a right to request a union representative to be present during “investigatory interviews.”¹ Investigatory interviews include meetings in which supervisors question employees to obtain information that could be used as a basis for discipline, or in which they ask employees to defend their conduct.

If union employees reasonably believe that discipline or other adverse consequences may result from what they say, they have “Weingarten rights” to demand union representation. For more information, see Employer Investigations. Non-union employees have the right to²