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National Labor Relations Board › Weingarten Rights › Unions

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?

Stevens & Lee on

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

DirectEmployers Association on

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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Ballard Spahr LLP on

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

Mintz - Employment Viewpoints on

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

Sheppard Mullin Richter & Hampton LLP on

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’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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

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

Pullman & Comley - School Law

Disciplinary Investigations of Employees – Three Names to Know

Pullman & Comley - School Law on

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

Proskauer - Labor Relations

Union Represented Employee Not Entitled To Co-Worker Witness During Investigatory Interview, NLRB Rules

Proskauer - Labor Relations on

The last few months at the NLRB have been relatively quiet, save of course for the ambush election rules which went into effect on April 15; the true impact of these rules has yet to be revealed. Many of the recent Board...more

Littler

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

Littler on

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

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - July/August 2014

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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

FordHarrison

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

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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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