Four labor law professors have petitioned the National Labor
Relations Board to conduct rulemaking proceedings to extend
<underline><color>FFFF,0000,0000Weingarten rights to
nonunion workers</color></underline>. (The Weingarten decision gives
union workers the right to request the assistance of another
employee at a disciplinary meeting with an employer representative.)
The formal 46-page petition argues that the Reagan-era case
law is flawed and must be replaced. The proposed rule provides that
when an employee in a nonunion workplace receives notice of an
interview the employee
reasonably believes may lead to discipline, she or he may request the
presence or assistance of another employee. The employer would then be
required to give the employee a chance to seek the help of another
employee. If the other employee is willing, the employer cannot hold
the interview or hearing unless that other employee is present and has
been given the opportunity to assist
the noticed employee. If the employee cannot obtain the help of
another employee, management can then proceed with the interview. The
rule also provides that the employee may waive the right, so long as
the waiver is free of coercion or promise of benefit.
It's about time that the government takes still another step into the
workplace don't you agree? After all, aren't criminals provided Miranda
rights? Why, then, should not stakeholders who may reasonably believe
that a meeting with the boss might result in discipline be allowed the
same protections in the employment setting? We shall next see mandatory
arbitration and I understand several unions are already preparing a new
training course for shop steward wannabes entitled, "Employee Advocacy
In The Workplace" with modules including, "Forstalling disciplinary
action until legal counsel can be reached", "How to raise objections as
objectionably as possible", "Bleeding heart liberalism" and "Aggregious
behavior patterns 101."
Is there anyone else as excited about this new infringement on
management prerogative as I am? Let's hear from both sides
Doug Kalish, PHRC
<bold>P</bold>ositive <bold>E</bold>mployee <bold>R</bold>elations
<bold>C</bold>ouncil
E-mail address:
dkalish@perc.net
Homepage: <<http://www.perc.net>