Division of Legal Services
WEINGARTEN: THE RIGHT TO REPRESENTATION link to pdf from MTA
Employees do not have to be alone when they are questioned by an employer in a situation that might result in discipline. An employee’s right to representation in investigatory or pre-disciplinary meetings was established in a 1975 United States Supreme Court decision, NLRB v. Weingarten, Inc. The Massachusetts Department of Labor Relations has adopted the Weingarten rules for public employees covered by Massachusetts General Laws, Chapter 150E.