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Weingarten Rights in the Non-Union Workplace a Merry-Go-Round of NLRB Decisions - Dispute Resolution Journal - Vol. 61, No. 2

Author(s): 
Clarence R. Deitsch
David A. Dilts
Francine Guice
Page Count: 
5 pages
Published: 
May, 2006
Practice Areas: 
Labor
Author Detail: 

Dr. David A. Dilts is a professor of economics at Indiana/Purdue University, Fort Wayne, Indiana. He serves as an arbitrator on the panels of the Federal Mediation and Conciliation Service (FMCS) and various state labor boards. He is also a permanent arbitrator for the United States Postal Service (USPS) and its unions. A member of the National Academy of Arbitrators, Dr. Dilts serves as editor of the Journal of Collective Negotiations in the Public Sector. He has previously contributed to the Dispute Resolution Journal.

Dr. Clarence R. Deitsch is a professor of economics and labor relations at the College of Business, Ball State University. He also serves as an arbitrator on the panels of the FMCS, the National Mediation Board, and several state labor boards. He is also a permanent arbitrator for the USPS and its unions. Dr. Deitsch has previously contributed to the Dispute Resolution Journal.

Francine Guice is an assistant professor of Business Law at Indiana/ Purdue University, Fort Wayne, Indiana. She holds a J.D. from Texas Southern University. She works and publishes on legal topics pertaining to all aspects of personnel law and intellectual property law.

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Description: 

Originally from Dispute Resolution Journal

The National Labor Relations Board (NLRB) has a history of extending and then rescinding the right of unrepresented employees to have a co-worker present during an investigatory interview that could reasonably result in the imposition of discipline. In the latest ride on this merry-go-round of decisions, the NLRB again revoked this right. This decision comes at a time when alternative dispute resolution processes that mirror collective bargaining grievance procedures are being adopted by many non-union employers. The NLRB’s latest decision indicates that there are important differences between the rights of employees under union and non-union ADR programs.

Employers are increasingly adopting alternative dispute resolution (ADR) procedures, including binding arbitration, to resolve disputes involving at-will employees—those who do not have the protection of a collective bargaining agreement. Although these procedures may be similar to grievance procedures in a labor-management agreement, the rights of union and non-union employees in otherwise similar circumstances are not the same.