The Employee-Management Relations Board (“EMRB”) recently ruled on employee’s Weingarten right to union representation during investigatory meetings and the role of the union representative at those meetings. While the case was between the Clark County School District (“District”) and the Education Support Employees Association, the EMRB’s holding impacts all public employees.

Because Nevada law had not specifically recognized an employee’s Weingarten right to union representation, the EMRB forcefully recognized those rights in its October decision. Specifically, the EMRB held that local government employees have the right to request a union representative at an investigatory interview that the employee reasonably believes may lead to discipline or at which the employer seeks information to enable it to impose discipline. Significantly, per Article 36-4 of the Collective Bargaining Agreement, the District is required to provide prior day notice to the investigatory interview except under exceptional circumstances. It should also be noted that while the purpose of the meeting initially may not be to obtain information that may lead to discipline, the nature of the meeting may change. If it does, the meeting must be stopped and the employee must be given the right to union representation and prior day notice of the meeting. An employee may waive these rights, however, the waiver must be voluntarily made and clearly expressed.

The EMRB further recognized that “the union representative may take an active role in assisting the employee, such as suggesting possible sources of information, asking clarifying questions or providing explanations justifying conduct.” The EMRB, however, also recognized that the union representative’s demeanor could affect the quality of the representation.

According to the EMRB decision, in the event that the District refuses to allow a union representative during an investigatory interview, the administrator may not ask any questions or elicit information concerning the subject of the interview.

The EMRB even noted that the District “seemed to regard Weingarten rights with disdain” and that this was unacceptable. If you receive written notice for an investigatory interview, please contact CCEA as soon as possible to make arrangements for a union representative to be there. The first step to enforcing your rights is to know them.