Originally from Dispute Resolution Journal

The Weingarten doctrine was originally established by the Supreme Court to protect employees from discipline if they refused to participate in an investigatory interview unless they were accorded union representation. This applied in circumstances where the employees had reasonable fears that the interview might result in discipline.

Since that original decision in 1975, there bave been many changes in interpretations and decisions. This article documents these changes and shows how they affect botb labor and management.

The Supreme Court's decision in National Labor Relations Board v. J. Weingarten, Inc.,^ in 1975, resulted in the formal establishment of the socalled Weingarten right. This case affirmed the right of employees to refuse to submit to investigatory interviews unless they are accorded union representation in circumstances where the employee reasonably fears the interview may result in discipline. A second Supreme Court decision issued at the same time. International Ladies Garment Workers Union il.L.C.W.U.) V. Quality Manufacturing Company,^ reaffirmed and upheld the interpretations and decision set forth in Weingarten.