When union members in a members-only non-majority union (MONMU) want Weingarten rights How high will the blue eagle fly?

When union members in a members-only non-majority union (MONMU) want Weingarten rights

How high will the blue eagle fly?

O'Brien

Christine Neylon

O'Brien, Christine Neylon

Dept. of Business Law, Carroll School of Management

Author

text

article

2008 2008 monographic

2008

monographic

English eng

English

eng

electronic application/pdf digitized other analog

electronic

application/pdf

digitized other analog

This paper explores whether union members in a members-only non-majority union (MONMU) are entitled to a Weingarten right, that is, the right to request a union representative at a workplace investigatory interview that might reasonably lead to discipline. The National Labor Relations Board (NLRB) most recently ruled that only union members are entitled to Weingarten rights, but the right to Weingarten representation of employees in a MONMU has yet to be addressed by the Board. Do members of a non-majority union have a Weingarten right - - or must employees belong to a union that represents a majority of the bargaining unit in order to have the right? The legal status of Weingarten rights for MONMU members who do not have an exclusive majority bargaining representative is analyzed here within the broader context of presently recognized rights for MONMU employees. Significantly, the NLRB’s Division of Advice recently addressed the related issue of whether an employer is obligated to recognize and bargain with a MONMU. Their Memorandum in the Dick’s Sporting Goods case advised that an employer has no duty to bargain with a MONMU, and thus the region dismissed the unfair labor practice complaint. In August 2007, seven unions, with the support of a letter from twenty-five labor law professors, filed a petition for rulemaking at the NLRB seeking adoption of a rule that employers have a duty to bargain with a MONMU for its members -- only in the absence of a presently recognized exclusive majority union. In January 2008, the Change to Win (CTW) labor federation, representing seven other unions, filed a similar petition asking the NLRB to issue the same rule.

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University of Pennsylvania Journal of Business and Employment Law 1940-8064 10 3 599 626 pp. 599-626 Spring 2008

University of Pennsylvania Journal of Business and Employment Law

1940-8064

10 3 599 626 pp. 599-626 Spring 2008

599 626 pp. 599-626

599

626

pp. 599-626

Spring 2008

Use of this resource is governed by the terms and conditions of the Creative Commons "Attribution-Noncommercial-No Derivative Works 3.0 United States" (http://creativecommons.org/licenses/by-nc-nd/3.0/us/)

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Business Law

UPennJBEL-v10-OBrien-p599-withcover-QC.pdf

UPennJBEL-v10-OBrien-permissions-QC.pdf

MChB English eng

MChB

English eng

English

eng