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#The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.
#The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.
#After the employee makes the request, the employer '''must''' choose from among three options: 1) grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee; 2) deny the request and end the interview immediately; or 3) give the employee a clear choice between having the interview without representation, or ending the interview.
#After the employee makes the request, the employer '''must''' choose from among three options: 1) grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee; 2) deny the request and end the interview immediately; or 3) give the employee a clear choice between having the interview without representation, or ending the interview.
#If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.
#If the employer denies the request for union representation, and continues to ask questions without the employee consenting to continue the interview without representation, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.
The Weingarten rights, however, do not apply at companies which are non-union.
The Weingarten rights, however, do not apply at companies which are non-union, or for non-union employees at a company which also has unionized employees. The NLRB has repeatedly switched back and forth between extending these rights to non-union employees and not doing so.
[[Category:United States Supreme Court Cases]]
[[Category:United States Supreme Court Cases]]