The National Labor Relations Board's extension of the Weingarten decision, granting the right to union representation at pre-disciplinary interviews, to the nonunion workplace was recently upheld by the U.S. Court of Appeals for the D.C. Circuit.- Section 7's, protection of concerted activity and the symmetrical protection of union and nonunion employees alike renders the decision sensible and supportable. Nevertheless, closer examination ofthe decision's consequences suggests that the application ofthe Weingarten right in the nonunion workplace results in a distorted reflection ofthe right's application in the unionized workplace. The situations are not mirror images. Thus, some adjustments to the interpretation ofthe right in the nonunion workplace are necessary to make it workable and effective.
Ann C. Hodges, Courtney Mueller Coke, & Robert R. Trumble, Weingarten in the Nonunion Workplace: Looking in the Funhouse Mirror, 53 Lab. L. J. 89 (2002).