EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS – Investigatory Interviews

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408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.03000 – Investigatory Interviews

An investigatory or disciplinary interview falls within the broad definition of “all matters of employer-employee relations,” and section 3515 therefore guarantees state employees representational rights that are at least as broad as those afforded private-sector employees under NLRB v. J. Weingarten, Inc. (1975) 420 U.S. 251 (Weingarten) and other federal authorities interpreting section 7 of the National Labor Relations Act (NLRA). Not all meetings with management must conform to the requirements of Weingarten before the right to representation attaches. (pp. 7-8.)