Suffolk AME Protection of Employees

A supervisor who wishes to meet with an employee, whereby the meeting could reasonably result in disciplinary action, shall notify the employee prior to the meeting of his/her right to have a representative of Suffolk AME present at any interview.

Weingarten Rights 

In 1975 the United States Supreme Court, in the case of NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), upheld a National Labor Relations Board (NLRB) decision that employees have a right to Union representation at investigatory interviews. These rights have become known as the Weingarten Rights.

During an investigatory interview, the Supreme Court ruled that the following rules apply:

Rule 1: The employee must make a clear request for Union representation before or during the interview. The employee cannot be punished for making this request.

Rule 2: After the employee makes the request, the employer must choose from among three options:

• 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;
• deny the request and end the interview immediately; or
• give the employee a clear choice between having the interview without representation, or ending the interview.

Rule 3: 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.