Court based on the U.S. Supreme Court decision of the NLRB v. Weingarten, Inc. case. Basically,
Weingarten rights guarantee an employee the right to request for Union representation before or during an interview conducted by his/her employer which involves the discussion or action about his/her conducts and/or disciplines. When the interview happens, …show more content…
However, in case the employer denies the request, yet keeps the interview going, this action is considered an unfair labor practice whereas the employee can absolutely refuse to answer. On the other hand, the representation also obtains some rights with his client such as to speak during the interview, except the right to tell the employee not to response nor give the incorrect response. In conclusion, the Weingarten right cannot apply to the cases where the purpose of the interview merely connects to the disciplines, or the final decision is already made, or any discussion links to the final decision from the prior interview.
I don’t favor the collective bargaining rights for public employees. The collective bargaining rights are like the negotiations between the employers and the employees about the employees’ wages, hours, and benefits in the representation of the unions of employees. The purpose of those
“negotiations” is to equalize the power of employers and employees and to help prevent the abuse of the productivity and labor powers of the employees from their employers. However, in term of