Weingarten

No Right to Representation for Accused Nonunion Employees in Workplace Investigations-But for How Long?

By Debra Reilly on January 5, 2010

Over the years, the National Labor Relations Board ("NLRB") has vacillated on the issue of whether "Weingarten rights" apply to nonunion employees. Weingarten rights derive from the 1975 US Supreme Court case NLRB v. Weingarten, where the Court announced that unionized employees have the "right" to have a union representative present during…

Throughout her 30-year legal career, Debra L. Reilly has conducted over 900 internal workplace investigations for various counties, municipalities (including police departments and fire departments), water districts, sanitation districts, transportation authorities, public and private elementary schools (K-12), private and public colleges and universities, the United States Postal Service (holding a “sensitive” security clearance by the Postal Inspector’s Office), and a multitude of private sector employers . Debra has conducted employment investigations throughout the United States and California. She has testified in depositions, arbitrations, and trial concerning the findings of her investigations. Given her legal training and litigation experience representing both management and employees, Ms. Reilly’s investigations are impartial, objective, and thorough. Ms. Reilly has also testified as an expert witness in Human Resources standard practices in conducting harassment and discrimination investigations, as well as Human Resources standard practices in conducting reasonable accommodation assessments of disabled employees and engaging in the interactive process.