Publications

Non-Unionized Employees Entitled To Representation During Disciplinary Meetings

August 15, 2000

The National Labor Relations Board (“The Board”) recently reversed long-established case precedent and held that non-unionized employees are entitled to have a representative or coworker present at an investigatory interview which the employee reasonably believes might result in disciplinary action. This legal principle, known as Weingarten rights, was first recognized for unionized employees in the landmark U.S. Supreme Court case, NLRB v. Weingarten, 420 U.S. 251(1975). The Board has, for numerous years, refused to extend Weingarten rights to non-unionized employees.

The Board reversed itself after re-examining Section 7 of the National Labor Relations Act. Section 7 affords all employees the opportunity and right to act together in concert for mutual aid or protection, which includes concerted activities designed to prevent employers from imposing unjust disciplinary actions against employees. Section 7, unlike other sections of the Act, is not limited to unionized employees. Because Section 7 clearly protects the rights of all employees—unionized or not—to engage in concerted activity for mutual aid or protection, the Board concluded non-unionized employees, like their unionized counterparts, should be entitled to assert Weingarten rights during investigatory interviews or meetings.

In view of this decision, employers should exercise extreme caution and consult legal counsel before declining an employee’s representation request. Employees wrongfully terminated in violation of their Weingarten rights may obtain reinstatement and recover backpay and other lost benefits.

Firm Highlights

Publication

Paid Sick and Safe Leave

When you think of Texas do you think of mandatory paid time off laws? How would Paid Sick and Safe Leave affect your HR policies? Join Kevin and Erin McNamara as they discuss this...

Event

Reviewing and Previewing: 2019 & 2020 HR Laws and Hot Topics

It seems every year more and more critical “stuff” happens to keep HR professionals busy and always learning.  2019 was no exception and 2020 won’t be either.  In this 1-hour webinar we will review...

Experience

Fifth Circuit Decision Secured In Civil Rights Case

Dallas partner John Ross, obtained a favorable decision from the Fifth Circuit Court of Appeals on behalf of his clients, El Paso Hospital District and two of its nurses, on civil rights, constitutional, and...

Event

ABCs of Employment

Publication

The Trifecta: ADA, FMLA, and Workers Compensation

A look into ADA, FMLA, and Workers Compensation from both the HR and Risk Management side. How do they work together? Listen as Kevin and Senior Risk Manager of Patterson Companies, Maggie Hobbs discuss...

Publication

Interviewing Tips and Tricks

Publication

Flextime in the Workplace

Is flextime right for your office? How do you keep confidential information confidential when employees are working off site? Listen as Kevin Mosher talks to Bill Kelly, HR Director of Vinco, Inc., about piloting...

Publication

ADA Accommodations that Come with Fur and a Tail

Boa constrictors in the workplace?  Do we have to accommodate all employee pets?  Join HR attorneys Kevin Mosher and Laura Alaniz for a fun and informative discussion on pets in the workplace.   

Publication

Is Sexual Orientation Discrimination Unlawful? Supreme Court to Decide!

Listen to HR attorneys Kevin Mosher and Stephanie Rojo discuss sexual orientation discrimination and transgender discrimination issues and the exciting cases before the Supreme Court.  Will SCOTUS find that federal law protects employees and...