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NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), is a United States labor law case decided by the Supreme Court of the United States.It held that employees in unionized workplaces have the right under the National Labor Relations Act to the presence of a union steward during any management inquiry that the employee reasonably believes may result in discipline.
Protected concerted activity is a term of art in United States labor law that refers to the actions employees take to improve their working conditions that are protected from employer interference or retaliation under the National Labor Relations Act. [1] These rights are found in "Section 7" (29 U.S.C. §157) of the National Labor Relations ...
In 1975 the United States Supreme Court in the case of NLRB v. J. Weingarten, Inc. 420 U.S. 251 (1975) upheld a National Labor Relations Board (NLRB) decision that employees have a right to union representation at investigatory interviews. These rights have become known as the Weingarten Rights.
An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) 29 U.S.C. § 151–169 (also known as the NLRA and the Wagner Act after NY Senator Robert F. Wagner [1]) and other legislation.
Members of labor unions enjoy "Weingarten Rights." If management questions the union member on a matter that may lead to discipline or other changes in working conditions, union members can request representation by a union representative. Weingarten Rights are named for the first Supreme Court decision to recognize those rights. [55]
Section 2(2) (29 USC §152(2)) states that the Act does not apply to employees of the "United States or any wholly owned Government corporation, or any Federal Reserve Bank, or any State or political subdivision thereof, or any person subject to the Railway Labor Act". Under section 19 (29 U.S.C. § 169), people who have religious convictions ...
This act provides protection to whistleblowers who may receive demotions, pay cuts, or a replacement employee. There are certain rules stated in this act that are civil protection standards against voidance of dismissal, voidance of cancellation of worker dispatch contracts, and disadvantageous treatment (i.e. demotion or a pay cut).
Reacting on July 7, 2009, to Weingarten's statement, upon taking control of the AFT, that New York City is "the best laboratory in the world for trying new things," The Wall Street Journal asserted this could be true "if it weren't for Ms. Weingarten's union," and wrote that the UFT under her direction had done everything possible "to block ...