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 -

OFCCP Week In Review: September 2022 #3

DirectEmployers Association on 9/19/2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

Seven Things To Know About The Biden NLRB’s New “Road Map”

Woods Rogers on 9/24/2021

The NLRB General Counsel’s Office is not wasting any time making changes to national labor law policy. General Counsel Jennifer Abruzzo recently issued her third memorandum in just two months. Abruzzo’s first memo,...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

Appeals Court Vacates NLRB Decision, Rejects Credibility Findings

Jackson Lewis P.C. on 6/22/2020

The National Labor Relations Board (NLRB) incorrectly found an employee invoked Weingarten rights and misapplied the Wright Line burden-shifting framework in finding an employee was unlawfully terminated, the federal appeals...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

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

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

NLRB: Nonunion Employees Do Not Have A Right To A Co-Worker’s Presence During Investigatory Interviews

Foley & Lardner LLP on 5/26/2017

As we have frequently reminded our readers, even non-unionized employers need to pay close attention to the National Labor Relations Board’s (NLRB) rulings and opinions as to employees’ rights under applicable labor law. For...more

DC Circuit “Busts” NLRB’s Finding of Weingarten Violation by Las Vegas Casino

Seyfarth Shaw LLP on 5/11/2017

Seyfarth Synopsis: A three-member panel of the U.S. Court of Appeals for the D.C. Circuit put the National Labor Relations Board “on tilt” when it overturned a decision finding that Bellagio, LLC violated Section 8(a)(1) of...more

What’s Next at the NLRB? Ask the General Counsel!

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/22/2016

On March 22, 2016, National Labor Relations Board (NLRB) General Counsel Richard Griffin released Memorandum GC 16-01, entitled "Mandatory Submissions to the Division of Advice." The memorandum instructs the Board's regional...more

Executive Labor Summary - July/August 2014

Constangy, Brooks, Smith & Prophete, LLP on 8/28/2014

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

Franczek P.C. on 8/14/2014

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/30/2012

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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