What is meant by Weingarten rights? Weingarten rights guarantee an employee the right to union representation during an investigatory interview, when the employee reasonably believes disciplinary action may occur and asks for a Union representative.
Title 5 United States Code --(USC) section 7114(a)(2)(B), Representation rights and duties, provides that: (2) An exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at - (B) any examination of an employee in the unit by a representative of the agency in connection with an investigation if - (i) the employee reasonably believes that the examination may result in disciplinary action against the employee; and (ii) the employee requests representation. This right is commonly referred to as the "Weingarten" right, based on the U.S. Supreme Court's private sector labor decision in, NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975). Briefly, this Statutory right provides that when an agency representative questions a bargaining unit employee, and the employee reasonably believes the questioning may result in disciplinary action against that employee and the employee requests union representation, the employee is generally entitled to representation if the investigation continues.