News & Analysis as of September 19, 2024

Weingarten Rights

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

Is the NLRB Looking to Expand Weingarten Rights?

Stevens & Lee on 9/19/2022

A new National Labor Relations Board (the “Board”) decision has laid the groundwork for the Board to extend “Weingarten” rights – the right of union employees to have a union representative accompany them at disciplinary...more

GC Finds Merit in COVID-19 Related ULP Cases in GC Memo 20-14

Sheppard Mullin Richter & Hampton LLP on 9/23/2020

On September 18, the Board’s GC issued GC Memo 20-14, entitled Summaries of Advice Merit Determinations Related to Coronavirus Disease 2019 Issues for the purpose of giving the public a better understanding of the GC’s...more

Labor Board: Is Union’s Inclusion Of Weingarten Rights Statement In Collective Bargaining Agreement Coercive?

Jackson Lewis P.C. on 4/8/2019

The National Labor Relations Board (NLRB) has remanded a 2013 decision to an administrative law judge to determine whether the Board’s landmark 2017 decision on work rules and policies affects its 2013 determination that a...more

The NLRB’s Recent Decision Lowers The Trigger For Employee Weingarten Rights

Amundsen Davis LLC on 8/3/2018

Employers have had reason to exhale a bit in the Trump era of the National Labor Relations Board (NLRB). However, as demonstrated in a recent case involving employee Weingarten rights, long-standing federal labor principles...more

NLRB Decision Serves as Reminder of Weingarten Requirements

Ballard Spahr LLP on 7/20/2018

More than 40 years after the U.S. Supreme Court's decision in NLRB v. Weingarten Inc., the National Labor Relations Board's (NLRB) recent decision in Circus Circus Casinos Inc. serves as a good reminder for employers...more

Employee’s Failed Attempt To Secure Union Representation Sufficient Notice of Weingarten Request, Divided NLRB Rules

Proskauer - Labor Relations Update on 6/29/2018

One area of labor relations that continues to vex practitioners is the scope of the so-called Weingarten rights. NLRB v. J. Weingarten Inc., 420 U.S. 251 (1975). Some 43 years after the Supreme Court set forth the right that...more

Weingarten Rights Only Apply When Requested - What Constitutes a Legally Sufficient Request?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/25/2018

The recent split decision of the National Labor Relations Board (NLRB) in Circus Circus Casinos, Inc., 366 NLRB No. 110 (June 15, 2018), is a reminder that the validity of an employee’s request for Weingarten assistance at an...more

Employees’ Right To Representation During Employer Interviews

Troutman Pepper on 11/27/2017

Q. I am the HR Manager for a non-union workplace and we are investigating an issue involving employee misconduct. One of the employees whom I want to interview has requested that a coworker attend the interview as his...more

NLRB’s Attempt To Incrementally Expand Weingarten Rights Rebuffed By Federal Appeals Court

Proskauer - Labor Relations Update on 8/24/2017

The NLRB suffered a setback this week when its interpretation of Weingarten rights was rebuffed by the D.C. Court of Appeals. This is the same court that recently declared the agency was acting more as an “advocate than...more

Be Aware of Public Employees Disciplinary Proceedings Protections: Loudermill, Wiengarten and Garrity

Pullman & Comley - Labor, Employment and... on 9/29/2015

This post is primarily for public sector employers such as state agencies, municipalities and districts. By virtue of being employed by the government and quite likely represented by a labor union, public sector employees in...more

Disciplinary Investigations of Employees – Three Names to Know

Pullman & Comley - School Law on 7/15/2015

Whenever an employer is considering disciplining an employee for misconduct, three names from 1967, 1975 and 1985 continue to be associated with employer investigations and interrogations, in much the same way that Mr....more

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

Proskauer - Labor Relations on 3/2/2015

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

Littler on 9/4/2014

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

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

FordHarrison on 8/8/2014

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

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National Labor Relations Board › Employer Liability Issues › Weingarten Rights

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