Under The Weingarten, an employee has the right to union representation when:
a. he/she is subject to an investigatory interview. Investigory interviews happen when a supervisor or other management official questions an employee to obtain information which could be used as a basis for discipline or ask an employee to defend her or his conduct. And;
b. he/she has a responsible belief that discipline or other adverse consequences may result from what he/she says in the interview.
When those conditions are met, the employee has the right to request union representation.