Question

An employer is investigating alleged misconduct by an employee who is a union member. What must the employer allow during any investigatory interview of the employee, if requested?

Opportunity to review video evidence before the interview
Ability to respond to questions in writing instead of an interview
Presence of a personal attorney in the interview
Presence of a union representative in the interview

Answer 1

An employer must allow the presence of a union representative during any investigatory interview of a union member employee if requested, as per Weingarten rights established by the NLRB.

Step-by-step explanation:

An employer investigating alleged misconduct by a union member employee must, if requested, allow the presence of a union representative during any investigatory interview.

This requirement stems from the 1975 National Labor Relations Board (NLRB) decision in NLRB v. J. Weingarten, Inc. The decision established that unionized employees have a right to union representation at investigatory interviews that the employee reasonably believes might result in disciplinary action, a right now known as Weingarten rights. The presence of union representation is important as it helps ensure fairness and protect the employee's rights during the investigation process. Unlike the right to have an attorney present during police questioning, as stated in Miranda v. Arizona, there is no provision that mandates the opportunity to review video evidence before the interview, respond to questions in writing, or have a personal attorney present unless such rights are part of a union contract or company policy.