NLRB GC May Stop Obama Board’s Expansion of Weingarten Rights

Many employers (and this management-side labor lawyer in particular) were surprised by the Obama Board’s inability to overturn IBM Corp., 341 NLRB 1288 (2004), and extend Weingarten rights to non-union employees. The Obama Board, nevertheless, expanded the scope of Weingarten rights in a few areas. Manhattan Beer: The Obama Board ruled that a beer distributor…
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Labor Board Tried (but Failed) to Expand Weingarten Rights to Non-Union Companies

An employee’s Weingarten rights is something that everyone dealing with a unionized workforce is familiar with. Perhaps you didn’t know the name, but you know that union employees are entitled to have a representative present during compulsory, investigatory interviews that may lead to discipline. Weingarten rights only apply to union employees. This is black letter…
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No Need for Union Witness During Police Interrogation with Management Present

The National Labor Relations Board held that an employer did not violate a union worker’s rights during a police investigation of the worker’s gun violence threat by not providing the worker with a union representative because the investigation was conducted by the police, not the company. Here’s the back story: An EMT learned that the…
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Peer Review Meetings Warrant Weingarten Rights

A hospital informed two nurses that a peer review committee had reviewed cases in which they may have “exhibited unprofessional conduct.” The employees’ request for union representation at follow-up meetings was denied. If those follow-up meetings determined that unprofessional conduct occurred, the hospital was required, by state statute, to report such conduct to the state…
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NLRB Reinstates Fired Employee Because Employee Denied Union Rep before Drug Test

A manager noticed that a delivery driver “reeked of the smell of marijuana.” The manager informed the employee that he would assign him a route for that day only if he agreed to take a drug test. The employee called the union shop steward, but it was the steward’s day off, so he could not…
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Suspension Threat to Union Rep Unlawful

Weingarten rights permit employees to have a union representative attend an investigative interview the employee reasonably believes may result in discipline. The union representative can assist the interviewee. But how much assistance can be rendered was recently litigated when a manufacturer threatened a union steward with suspension for using notes during an investigatory meeting. The…
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