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Unions are entitled to represent employees in meetings management holds with employees in connection with an investigation. Discussions at such meetings are referred to as Weingarten discussions after a private sector case by that name.
Three conditions must exist before this entitlement arises:
- One or more management representatives must be examining the bargaining unit employee in connection with an investigation; and
- The employee must reasonably believe that the examination may result in disciplinary action against him/her; and
- A bargaining unit employee must have requested representation by the union.
Where all three conditions exist, management may not continue the examination without providing the union an opportunity to be represented. Management's options are:
- Grant the request and notify the union that a meeting to examine a bargaining unit employee will be held. If the union elects to attend, it must be allowed to make relevant comments.
- Notify the union of the meeting and allow the union a reasonable amount of time to appear. If the union cannot or does not have a representative available within a reasonable period of time, the meeting may be conducted without representation.
- Discontinue the interview and rely on evidence already available or that which might be obtained by other means. or
- Offer the employee a clear choice to:
- Continue the interview without representation, or
- Have no interview.
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