EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS – Investigatory Interviews
Single Topic for Decision 1935E
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408.03000 – Investigatory Interviews
Employees are entitled to union representation for investigatory interviews. In order to establish a violation of the right, the charging party must demonstrate: (a) the employee requested representation; (b) for an investigatory meeting; (c) which the employee reasonably believed might result in disciplinary action; and (d) the employer denied the request. The key inquiry is whether the interview was investigatory and of the type that might lead to disciplinary action. Although an employee is entitled to union representation for investigatory interviews, the employee is not entitled to demand a specific union representative.