California Private Investigator Practice Exam

According to the case, RELATIONS BOARD v. WEINGARTEN, do employees have the right to a union representative if they ask for one?

1. No, they must request it in writing

2. Yes, but the employer can deny it

3. Yes, and it must be honored

4. No, it is at the employer's discretion

The correct answer is: Yes, but the employer can deny it

In the context of the case RELATIONS BOARD v. WEINGARTEN, employees indeed have the right to request a union representative during an investigatory interview. The ruling clarifies that if an employee asks for union representation, the employer is obliged to either grant the request or engage in an effort to clarify the request. However, the employer maintains the right to deny the request under specific circumstances, often if they believe the request is being used improperly or would disrupt operations. This case established that while employees have the right to representation, that right is not absolute and can be subject to the employer's discretion in certain situations. Therefore, the correct answer aligns with the notion that employees can request representation, but employers are not required to honor every request without consideration of their own circumstances.