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

Source: Kevin C. Donovan, Employee Relations Law Journal, Vol. 42 no. 1, Summer 2016
(subscription required)

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 apply to a nonunionized workforce. That may change. In this article, the author discusses the Weingarten right and the implications of Weingarten rights to nonunionized workforces.