Arguably “yes.” An employer cannot discipline or discharge an employee for refusing to surrender his or her Weingarten rights to representation. If it is truly a Weingarten situation, the employee may remain silent or even leave and return to his/her normal work duties.
However, given the complexity and unpredictability of the law, it is often more prudent for the employee to comply with the employer’s directives, knowing that he or she might later be able to overturn any discipline that results from the unlawful meeting. Otherwise, the employee risks being disciplined for insubordination.
Note: If the allegations are criminal in nature, such as assault or sexual assault, the right against self-incrimination may apply and the association should seek the assistance of MTA counsel before advising the employee how to respond to the questions.