In unionized workplaces, how should an investigator handle an interview when the employee requests union representation?

• A. Employees in unionized settings have no rights and may be questioned freely.
• B. The union representative must conduct the entire interview.
• C. The union representative must be present for all questions and may guide the interviewer.
• D. Weingarten rights apply; offer to reschedule or wait for a union representative; if the employee declines representation, proceed with non-coercive questions and document the absence.

Answer: (D)

Weingarten rights apply in unionized workplaces when a supervisor questions an employee about something that could lead to discipline. The key idea is that the employee may request union representation, and the interviewer must handle that request properly.

If the employee asks for a union representative, you should pause the interview and offer to reschedule or wait for the representative to arrive. If the employee agrees to proceed without representation, you may continue, but only with non-coercive questions, and you should document that the employee declined representation and that the interview proceeded without the rep. The representative’s role is to advise the employee and ensure the questioning is fair, not to conduct the interview or answer questions for the employee.