The Weingarten right is a right is derived from the Supreme Court’s 1975 Weingarten decision where the court recognized union employees’ rights to representation at investigatory interviews. The National Labor Relations Board now takes the opposite position and holds that the right to representation at investigatory interviews applies equally to union and non-union employees.
Weingarten rights includes the right to have a co-worker present at an investigatory interview that the employee reasonably believes might result in discipline. Weingarten rights must be invoked by an employee before an employer has any corresponding obligations. An employee must request the presence of a co-worker at an investigatory interview.
The Skelly Rights Law & Legal Definition
Skelly rights is referred to the due process right to notice of an
employee, of an intended disciplinary action. The right includes the
right to obtain a copy of materials on which the action is based, and an
opportunity to respond orally or in writing to an impartial reviewer
prior to discipline being imposed.
The term Skelly rights comes from a
decision of the U.S. Supreme Court in Skelly v. State Personnel Board,
15 Cal. 3d 194 (Cal. 1975). In that case the Supreme Court ruled that
the employee (Skelly) had a property interest in continued employment
and hence could not be deprived of his job without the observance of due