The More Things Change … the NLRB and Weingarten Rights for Non-union Employees

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Today, a joke. “How is the National Labor Relations Board like the weather?” “I don’t know, Jon, how?” “If you don’t like either, just wait and they’ll change.” [groan] Not my best material, I know. But, it does illustrate an important point, driven home by an Advice Memo [pdf] just released by the NLRB Office of General Counsel on the issue of Weingarten rights for non-union employees. In NLRB v. J. Weingarten, Inc., the U.S. Supreme Court held that employees covered by a collective bargaining agreement may request the presence of a union representative during an investigatory interview that the employee reasonably believes may result

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