An employee was given a written warning about poor attendance and told he must participate in absence counseling sessions with a member of the personnel department. This depends on whether the employee has a reasonable fear that the counseling sessions could result in further discipline. If notes from the sessions are kept in the employee's permanent record, or if other employees have been disciplined after counseling sessions, the employee's fears would be reasonable and would entitle him to bring a steward. But if the employer gives firm assurances that the meetings will not be used for further discipline and promises that the conversations will remain confidential, Weingarten probably would not apply. Since the employer is not questioning the worker, Weingarten rights do not apply.
Weingarten rights apply only to the presence of union representatives .
Over the weekend, a foreman called a worker at home to ask questions about missing tools. Weingarten rights apply to telephone interviews. A worker who fears discipline can refuse to answer questions until he or she has a chance to consult with her steward. A worker was called into the plant manager's office. She asked for her steward, but was refused.