91. Can a nonunion employee demand that a coworker be present at a progressive disciplinary meeting with management? (1)

Tuesday October 27thUncategorized Category

Possibly. The Weingarten case in 1975 confirmed that unionized employees
have the right to act in concert for their mutual aid and protection as set forth in section 7 of the National Labor Relations Act (NLRA) and to ensure evenhanded treatment of employees. Atthat time, the National Labor Relations Board (NLRB) didn’t expand the Weingarten interpretation to include nonunion employees.

However, on July 10, 2000, that changed. The NLRB abandoned its long-standing limitation on Weingarten rights and extended those rights to nonunion employees in Epilepsy Foundation of Northeast Ohio, 331 NLRB No. 92. In that case, the NLRB overruled its prior decisions and extended the Weingarten benefits to union and nonunion employees alike.

In short, employees, even in nonunion jobs, have the right to request the presence of a coworker at an investigatory interview that the employee reasonably believes could result in disciplinary action.

Tell Me More
There appear to be limitations on employees’ rights in this new interpretation. First, nonunion employees must request the presence
of a coworker representative. Your company doesn’t have any obligation
to provide a representative if one hasn’t been requested. Second, the employee has the right only to the presence of a coworker —not a union steward or attorney. Requests for attorney participation in internal company matters should especially be denied.

Taken From : The Hiring and Firing Quention and Answer Book

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