Weingarten Decision

 

Weingarten (NLRB V. Weingarten, Inc., 420 U.S. 251 (1975) 420 U.S. 251) gives unionized police employees the right to union representation during an investigatory hearing/interview.  Union members have the right to a representative if they reasonably believe the hearing/interview could lead to disciplinary action.

 

Nonunion police employees have no such rights!

Weingarten Rights have since been extended to non-union workplaces.  The NLRB ruled July 10, 2000, in Epilepsy Foundation of Northeast Ohio, Slip Opinion No. 331-92, Case No. 8-CA-28169, that Weingarten Rights also apply to non-union workplaces.  An employee who is not represented by a union may request that a fellow employee be present during an investigatory interview that may lead to disciplinary actions.  Provided they are not afraid to exercise this right. [ NLRB website and opinion ]