PHR · Question #98
Fred is a union employee who has been summoned by the management to an investigatory hearing regarding his conduct. Fred would like to have a union representative with him at the meeting. What is…
The correct answer is D. Weingarten Right. Weingarten Rights, established by the 1975 Supreme Court case NLRB v. J. Weingarten, Inc., entitle union employees to request union representation during any investigatory interview or hearing they reasonably believe may result in disciplinary action.
Question
Fred is a union employee who has been summoned by the management to an investigatory hearing regarding his conduct. Fred would like to have a union representative with him at the meeting. What is the name of the right that allows Fred to have a union representative with him at the meeting?
Options
- AManagement Rights
- BBumping Right
- CRight of Way
- DWeingarten Right
How the community answered
(48 responses)- A10% (5)
- B6% (3)
- C4% (2)
- D79% (38)
Why each option
Weingarten Rights, established by the 1975 Supreme Court case NLRB v. J. Weingarten, Inc., entitle union employees to request union representation during any investigatory interview or hearing they reasonably believe may result in disciplinary action.
Management Rights refer to the reserved powers of an employer to direct, control, and operate the workforce, and have no bearing on an employee's right to representation.
Bumping Rights are a seniority-based contractual entitlement allowing a senior employee to displace a junior one during layoffs, which is unrelated to representation at investigatory hearings.
Right of Way is not a recognized labor relations or HR term applicable to union representation in the context of disciplinary proceedings.
Weingarten Rights derive from NLRB v. J. Weingarten, Inc. (1975), where the Supreme Court held that union employees have a statutory right under the National Labor Relations Act to request union representation at investigatory interviews that could lead to discipline. Fred's situation - a union member summoned to an investigatory hearing who requests a representative - is the textbook scenario for this right. The employer cannot deny this request once it is made.
Concept tested: Weingarten Rights for union representation at investigatory hearings
Source: https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/weingarten-rights
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