When Union Members in a Members-Only Non-Majority Union (MONMU) Want Weingarten Rights: How High Will the Blue Eagle Fly?

Source: Christine Neylon O’Brien, University of Pennsylvania Journal of Business and Employment Law, Vol. 10 no. 3, 2008

AFL-CIO General Counsel Jon Hiatt has also noted the narrowing of the NLRA’s coverage and protections, highlighting in particular the Board’s most recent decision that employees who are not represented by a union do not have a Weingarten right to have assistance from a co-worker during an investigatory interview. … The Steelworkers, represented by Professor Morris, and six other unions with their own counsel, have now filed a petition at the NLRB seeking rulemaking on the issue of members-only minority union collective bargaining, including the letter in support. … The Right to Representation in MONMUs – The Prospect on Weingarten Rights As far as the representational rights of employees in a MONMU are concerned, the Dick’s Sporting Goods Advice Memorandum has made clear that there is presently no obligation for an employer to recognize or bargain with a union that does not represent a majority of employees in a bargaining unit. … The IBM plurality noted that the Epilepsy decision rejected the three policy concerns expressed in DuPont when it revoked Weingarten rights for nonunion employees.

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