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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 to request the presence of a co-worker at an investigatory interview and cannot be disciplined for making this request. However, you are not obligated to grant the request in the non-unionized setting.2
1. NLRB v. J. Weingarten Inc., 420 US 251 (1975)
2. IBM Corp., 341 NLRB No. 148 (June 15, 2004)