Weingarten Rule
Weingarten’s rule is a principle advocating for the rights of employees to have
representatives in investigatory interviews. This rule allows the employees to request a union
representative without interference from the board of management. The Union representatives
advise the employees while also acting as witnesses. The union representatives remain civil in
their interactions with both parties. The representatives avoid disruptive behavior that may
interfere with investigations.
Rules in an Organizational Campaign
Employers are allowed to participate in activities that promote freedom of speech and
worker safety. However, many workers are subjected to threats and intimidations in National
Labor Relations Board (NLRB) elections (Bronfenbrenner, 2021). Employers are prohibited
from threatening, firing, spying, and coercing employees due to participation in union activities.
Additionally, granting wage increases deliberately to discourage union participation is illegal.
Employer Illegally Discriminating Against Employees
Failing to hire an employee due to union membership is discrimination. Additionally,
employers taking disciplinary action against employees based on union activities is unlawful.
Some employers may also terminate employee contracts because of labor organization
participation.
Union Activities Prohibited in Taft-Hartley Unfair Labor Practices Provision
Labor organizations should be held accountable for unfair conduct (About | Hein Online,
2021). The unfair labor practices include boycotts, jurisdictional strikes, and featherbedding.
Moreover, the Act prohibits unions from funding political campaigns and participating in
solidarity arrangements.
Breach of Good Bargaining Principle
The NLRB considers whether the employer has changed the employment contract
without consultations. Additionally, the bargaining tactics of the employer are investigated.
Next, NLRB checks whether the employer has not provided the necessary formation for union
bargaining.
Reviewing Unfair Labor Practice
The NLRB reviews unfair labor practice charges of surface bargaining filed by
employees or unions. The NLRB first determines if the charge meets the required threshold.
Next, the case facts are investigated, and the determination of employer mistakes is carried out.
The NLRB then advises the employer accordingly.
References
About | Hein Online. (2021, March 8). Hein Online.
https://heinonline.org/HOL/LandingPage?handle=hein.journals/valr33&div=67&id=&page=
Bronfenbrenner, K. (2021). No Holds Barred: The Intensification of Employer Opposition to
Organizing. Cornell.edu. https://doi.org/2653241