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National Labor Relations Board › Weingarten Rights

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... more +
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 -
Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Recognizes Weingarten Rights for Strike Replacement Employees

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In a decision significant to employers that employ strike replacement employees or that may consider hiring strike replacement employees, the National Labor Relations Board (NLRB) found that such employees hold the right to...more

Stevens & Lee

Is the NLRB Looking to Expand Weingarten Rights?

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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

DirectEmployers Association

OFCCP Week In Review: September 2022 #3

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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

Woods Rogers

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

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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

Proskauer - Labor Relations Update

The NLRB’s Recently Seated General Counsel Plots Entirely New Direction for the Board

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Less than a month after being sworn in as the new General Counsel of the NLRB, Jennifer Abruzzo defined a bold new direction for the Board’s enforcement priorities in a memo issued on August 12, 2021.  The memo, Mandatory...more

Sheppard Mullin Richter & Hampton LLP

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

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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

Seyfarth Shaw LLP

DC Circuit Reminds the NLRB that a Weingarten Request Requires a “Request”

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Seyfarth Synopsis: In Circus Circus Casinos Inc. v. NLRB, No. 18-1201 (June 12, 2020), the US Court of Appeals for the DC Circuit denied the National Labor Relations Board’s cross-application for enforcement of its decision,...more

Jackson Lewis P.C.

Appeals Court Vacates NLRB Decision, Rejects Credibility Findings

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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

Jackson Lewis P.C.

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

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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

Amundsen Davis LLC

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

Amundsen Davis LLC on

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

Ballard Spahr LLP

NLRB Decision Serves as Reminder of Weingarten Requirements

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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

Proskauer - Labor Relations Update

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

Proskauer - Labor Relations Update on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on

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

Mintz - Employment Viewpoints

The NLRB’s General Counsel Rescinds, Revokes and Questions

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On December 1, 2017, two weeks after being sworn in, NLRB General Counsel Peter Robb issued his first GC Memorandum. When the General Counsel’s office changes hands from one party to the other, some disruption is expected....more

Seyfarth Shaw LLP

Weingarten Rights: GC Memorandum 18-02 Forecasts that the Trump Board May Rein in the Obama Board’s Heyday on Weingarten Rights

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Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments...more

Sheppard Mullin Richter & Hampton LLP

New Labor Board GC Signals Overturning Obama-Era Rulings, But Anticipated Vacancies and Recusals Create Uncertainty

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On November 8, 2017, Peter B. Robb was sworn in as the General Counsel (GC) of the NLRB for a four year term. Robb succeeds Richard Griffin, who has been the GC since November 2013. Robb wasted no time in taking initial steps...more

Benesch

Change is Coming: New NLRB General Counsel Issues Memorandum Rescinding Controversial Policies and Signaling Change

Benesch on

The National Labor Relations Board’s new General Counsel, Peter Robb, has made the most of his first month in office. Robb, who was nominated by President Trump to replace controversial predecessor Richard Griffin, was sworn...more

Troutman Pepper

Employees’ Right To Representation During Employer Interviews

Troutman Pepper on

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

Proskauer - Labor Relations Update

NLRB Ditches Effort To Expand Weingarten Rights to Non-Union Workplaces

Proskauer - Labor Relations Update on

Since the change in Presidential administrations, the main topic has turned to what rules will a newly constituted NLRB change? With the addition of Marvin E. Kaplan the Board now has four members, which makes undoing some of...more

Proskauer - Labor Relations Update

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

Proskauer - Labor Relations Update on

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

Foley & Lardner LLP

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

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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

Seyfarth Shaw LLP

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

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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

Seyfarth Shaw LLP

NLRB Finds Employer Did Not Need to Provide a Union Representative During a Police Interrogation During Which Management Was...

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Seyfarth Synopsis: The NLRB held that American Medical Response of Southern California (“AMR”) did not violate an employee’s rights during a police investigation of an EMT’s gun violence threat by not providing the EMT with a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on

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

Pullman & Comley - Labor, Employment and...

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

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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

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