The National Labor Relations Act (NLRA) allows employees, both union and non-union, to engage in “concerted activities for the purpose of mutual aid or protection.” This includes an employee’s right to have a union representative present at an investigatory meeting that the employee reasonably believes could result in discipline.
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You’re not legally obligated to inform employees of this right, known as the Weingarten rule after a 1975 U.S. Supreme Court decision of the same name. But if you refuse an employee’s request to have a representative present, or retaliate against the worker for asking, you’re committing an unfair labor practice. Keep in mind that the Weingarten right applies only to meetings or interviews that may result in discipline, not those that are merely investigatory or for fact-finding purposes.
Also, the National Labor Relations Board takes the position that Weingarten rights don’t apply in nonunion settings. However, a nonunion employee can make a request to have a co-worker present at a disciplinary meeting, and while you don’t have to grant the request, you can’t discipline the employee for making it.