Legal basis: The rights were established by the U.S. Supreme Court in the 1975 case NLRB v. J. Weingarten.
Who they protect: They apply to unionized employees during investigatory interviews.
What is an investigatory interview? This is a meeting where a supervisor questions an employee to get information that could be used for disciplinary action, or to ask the employee to defend their conduct.
What should you do?
Make the request: If you believe the interview could lead to discipline, you must affirmatively request union representation.
Use a prepared statement: A helpful statement is: "If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative be present".
Know your rights: Your representative can be present to act as an observer, help with communication, and provide support.
Your representative can speak: Your representative has the right to participate in the meeting.