However, non-union employees make up a majority of U.S. workers and are entitled to similar workplace protection as their unionized counterparts. shield of confidentiality. Once an employee requests representation, the employer may not proceed with the interview without the union representative. Borgs told the executive director that he felt intimidated by the prospect The National Labor Relations Act (Wagner Act) was supposed to do just that, by establishing the procedure for secret-ballot representation elections by workers. workplace. The Canadian example shows that employee voice would pose no threat to organized labor, since Canada allows nonunion representation and has a much higher degree of unionization. Finally, ILUs drew support from groups who felt that national unions were insensitive to their needs and concerns. Institute, Inc. compromise with the representative. Whether the belief that discipline might result from the interview is If the employee does have a reasonable belief that representation applies to "employees." or if the meeting does not constitute an investigatory interview (e.g., if In the dissenting opinion, Board Member Hurtgen correctly noted that In the researchers’ opinion, the real losers are the employees. © 2000-2020 International Risk Management Institute, Inc. (IRMI). be advised about what it means and how it will affect the way they conduct (See sidebar for views on one of the most enduring JICs in Canada.). e.g. A number broke free and established themselves as independent local unions (ILUs), representing the employees of a particular plant or company but not affiliated with a national union. According to Professor Sanford M. Jacoby of the University of California-Los Angeles, the ability of the surviving ILUs to withstand both NLRB scrutiny and raiding attempts by national unions encouraged their growth after World War II. As According to Estreicher, employers had been able to live with Section 8(a)(2) because its premises fit the more traditional Tayloristic workplace, with its narrowly defined tasks and hierarchical decision making. Most labor laws deal with union rights and related topics. such claims. with respect to investigations of employee misconduct. only. The law forces companies to focus EI on the things of interest to management-productivity and quality-but to avoid talking about things of primary concern to employees-wages, hours, and working conditions. "might result in disciplinary action." apply to all employees, whether unionized or not, the Weingarten He requested meeting with the executive director Local Independent Unions However, the Labor Board subsequently reversed the ALJ's opinion The right to representation by a co-worker flows from the right of Management recognized how costly this strategy was, and turned away from the ILUs. Since the Supreme Court's 1975 decision, the Labor Board has changed that they must conduct full, complete, and confidential investigations of any Board reiterated its holding that Weingarten rights are confined to 92), the Labor Board found that the so-called He concludes that the consensus mode for managing teams probably makes many of them unlawful. If the co-worker specifically requested by the employee is not available Employers should seek the advice of employment counsel in any such These sham ERPs inflamed public opinion. employee being interviewed will be disciplined as a result of the interview, According to the Board, an employer will not be forced to "collectively These innovations helped improve American manufacturing efficiency and competitiveness. Actually, employees can have voice, albeit outside the areas covered by collective bargaining, through such devices as alternative dispute resolution procedures, committees dealing with specific problems of the workplace, e.g, safety and health, and employee involvement programs. In a decision with the potential to impact the workplace investigation Given the scope of this decision, all employers should felt his supervision was no longer needed on the project.

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