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Employment Newsletter

December 2015

Author: Kevin C. Donovan

December Employment Newsletter  

"Round Up the Usual Suspects" and Violate the NLRA? The Implications of Extending Weingarten Rights to Nonunionized Workplaces

In a unionized workforce, an employer generally may not proceed with an investigatory interview if the employee under investigation demands representation by a union official. This so-called Weingarten right does not currently apply to a nonunionized workforce. However, the National Labor Relations Board’s recent history of decisions favoring employees over employers indicates that extending Weingarten to virtually all employers is an action it would favor.

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