NLRB eliminates nonunion-employee Weingarten rights.(News)(National Labor Relations Board)(Brief Article)

From: Workforce Management | Date: November 1, 2004| Author: | Copyright information

Byline: D. Diane Hatch, Ph.D., James E. Hall, Mark T. Kobata

In its 1975 NLRB v. Weingarten decision, the U.S. Supreme Court agreed with the National Labor Relations Board that union employees have the right to a coworker's presence during a disciplinary interview by management. Within the past 23 years, the NLRB has flip-flopped four times on whether nonunion employees enjoy such Weingarten rights.

In the present case, when IBM Corp. interviewed several employees in response to a harassment complaint, three nonunion employees each asked to have a coworker present. IBM ...

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