Weingarten Rights

News & Analysis as of

NLRB Division of Advice Finds No Weingarten Rights in Vehicle Search

Last week, the National Labor Relations Board’s Division of Advice issued a Memorandum finding that an employer’s search of a company vehicle regularly driven by an employee did not trigger the employee’s Weingarten rights....more

Search Of Company Vehicle Not Employee Interview Triggering Weingarten Rights, NLRB Division of Advice

The scope of a union-represented employee’s right to have a union representative present during an investigatory interview is one of the more interesting areas of labor law. Even though most people who practice labor...more

Right to Union Representation Applies to Employer Referrals for Drug and Alcohol Tests, NLRB Rules

The National Labor Relations Board ("Board"), in its July 31, 2014 decision in Ralph's Grocery Co., 361 NLRB No. 9 (2014), ruled that so-called "Weingarten rights" – the general right of a unionized employee to request union...more

Executive Labor Summary - July/August 2014

NLRB extends Weingarten right of union representation to drug and alcohol test situations - On July 31, a three-member panel of the National Labor Relations Board in Ralph's Grocery Co. ruled that a union-represented...more

NLRB Continues Its Busy Summer with Important New Decisions on Weingarten Rights, Noel Canning Issues

The National Labor Relations Board continued its busy summer over the past two weeks. First, the Board issued a decision reaffirming the importance it places on an employee’s Weingarten rights, even if they impede an...more

NLRA Violation for Refusal to Allow Union Representation Prior to Drug Test

The National Labor Relations Board (NLRB or Board) recently held that an employer violated the National Labor Relations Act (NLRA) when it discharged an employee who refused to take a drug test without first consulting with...more

Employers Must Be Able To Recognize A Weingarten Request In Order To Avoid Liability Under The NLRA

Section 8(a)(1) of the National Labor Relations Act (NLRA) makes it illegal for an employer to interfere with or restrain employees from exercising the rights accorded to them under that Act. In NLRB v. J. Weingarten 420...more

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