The More Things Change … the NLRB and Weingarten Rights for Non-union Employees
A new advice memo is a solid reminder of how our federal administrative agencies can, and often do, sway in the political breezes.
Which brings us to September 2017, and the NLRB Office of General Counsel’s aforementioned advice memo.
We conclude that the … Board … extend Weingarten rights to unrepresented employees and find that the Employer violated Section 8(a)(1) by forcing one employee to submit to an investigatory interview without the assistance of a coworker and by forcing another employee to submit to an investigatory interview in the presence of an anti-Union employee witness unilaterally designated by the Employer.
Practically speaking, this call for action will mean little to nothing. Richard Griffin, the Obama-appointed NLRB General Counsel, only serves until his term expires on Nov. 4, 2017. Thereafter, President Trump will appoint a new NLRB General Counsel, presumably one who will have a more management-friendly view of federal labor laws (including the non-expansion of Weingarten rights to non-union employees).
Nevertheless, this advice memo is a solid reminder of how our federal administrative agencies can, and often do, sway in the political breezes.
Jon Hyman is a partner at Meyers, Roman, Friedberg & Lewis in Cleveland. Comment below or email email@example.com. Follow Hyman’s blog at Workforce.com/PracticalEmployer.