SPHR Human Resources

Category - Relations

Dominick, a warehouse employee, gets called into his supervisor’s office for a discussion about an inventory shortage in the warehouse. After the supervisor’s first question, Dominick invokes his Weingarten rights. What is the supervisor’s next step?
  1. Arrest Dominick
  2. Wait for Dominick’s attorney to arrive
  3. Continue asking Dominick questions
  4. Stop asking questions and determine what happened to the supplies based upon other hard evidence.
Explanation
Answer - D - In this situation, when Dominick invokes his Weingarten rights, the supervisor should stop asking questions and determine what happened to the supplies based upon other hard evidence.

Key Takeaway: The 1975 court case of the National Labor Relations Board v. J. Weingarten, Inc. upheld that employees always have a right to have union representation at investigatory reviews. The main rules involved in an employee’s “Weingarten Rights” are: the employee must request union representation either before or during the interview and may not be penalized for doing so; the employer must either grant the request, deny and end the interview, or give the employee the choice; and last, if the employer denies the employee’s request and continues the line of questioning, it is considered an unfair labor practice and the employee does not have to answer questions.
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