NLRB erodes worker rights. Excuse: terrorism.

Saw this on the Labor Greens mailing list list:


Below is a blurb and and a link to my recent article on a new NLRB decision which cuts back on what are called Weingarten rights in labor law.

Weingarten rights are the watered-down version of Miranda rights you have not to incriminate yourself when you are arrested under the criminal law.

Under Weingarten, you have the right to demand the presence of a co-worker if your employer is interrogating you for possible discipline.

The new ruling holds that Weingarten applies only to union employees. The stated reason: Terrorism since 9/11/01.



Labor Board to Non-Union Workers: “You’re On Your Own When You Face The Boss”

by Ellis Boal

Reversing course for the fourth time in 30 years, in June the NLRB

announced it would no longer protect the right of a non-union worker

to refuse to participate in an investigatory interview without the

assistance of a co-worker. Read about the history of your Weingarten

rights and what rationale the NLRB has used this time.


The author notes that the NLRB, under Clinton in 2000, had established the previous rule. It will be interesting to see if this decision is reversed (and worker’s rights restored), under the Kerry Administration (and if it takes eight years to do so).

Thomas Leavitt, posting from Santa Cruz, CA