PHR practice question 20 of 25

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?

Full set: 165 questions
Answer options
A: Management Rights
B: Bumping Right
C: Right of Way
D: Weingarten Right Correct answer
Correct Answer:
D. Weingarten Right
Explanation

The right of a unionized employee to have a union representative present during an investigatory interview that the employee reasonably believes could lead to disciplinary action is known as the Weingarten Right. This right was established by the U.S. Supreme Court in its 1975 decision in NLRB v. J. Weingarten, Inc. The representative's role is to assist the employee and clarify facts, but not to bargain over the purpose of the meeting.

Why Incorrect

A. Management Rights: These are rights reserved for management under a collective bargaining agreement, such as directing the workforce.
B. Bumping Right: This is a seniority-based right allowing a senior employee to displace a junior one during a layoff.
C. Right of Way: This is a term used in traffic law and is unrelated to labor relations or employee rights.

References

1. National Labor Relations Board. (n.d.). Weingarten Rights. NLRB.gov. Retrieved from https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/employees/weingarten-rights. (This is the official documentation from the administering agency.)

2. NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975). (This is the foundational Supreme Court case establishing the right.)

3. Bodah, M. W. (2002). An examination of the theoretical and practical foundations of the Weingarten rule. Journal of Collective Negotiations in the Public Sector, 30(3), 225-240. https://doi.org/10.2190/9Y9L-988V-988W-988X

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