Weingarten Rights

In disciplinary matters, one of the most important protections an employee has is the right to have a representative present when being questioned by a supervisor on a matter that could result in discipline. In a recent case decided by the Commonwealth Court, Commonwealth of Pennsylvania v. PLRB (2003), the issue was whether an employee could take a break during questioning to confer with his union representative.

The Commonwealth Court held that it remains the employer’s prerogative to decide whether to conduct an investigatory interview with an employee at all, to choose the setting, to formulate the questions and to decide whether or not it will rely on the responses elicited from the employee. However, the employee has the right to choose which of his available co-workers will be available at the interview as the employee’s representative. The representative may not interfere with or cause delays in the interview, but the employee may consult with the representative during the interview before answering significant questions.

Remember that the employer is not obligated to advise the employee of his Weingarten rights. It is critical that the employee assert his right to have a representative present whenever he is the subject of a disciplinary interview by his employer.