No NLRA Violation if Interviewing Supervisor Lacks Knowledge of Weingarten Request: NLRB | Practical Law
In United States Postal Service, the National Labor Relations Board (NLRB) reversed an NLRB Administrative Law Judge's (ALJ) finding that the employer violated Section 8(a)(1) of the National Labor Relations Act (NLRA) when a supervisor continued to question the plaintiff after he had previously asserted his right to union representation under NLRB v. J. Weingarten, Inc. in an initial interview with a different supervisor. The NLRB held that because the plaintiff's Weingarten rights were triggered after he invoked them to the first supervisor, he did not need to repeat his request. However, since the NLRB's General Counsel failed to show that the second supervisor had knowledge of the plaintiff's previous Weingarten request, and the supervisor stopped the interview once she learned of the request, the employer did not commit an unfair labor practice (ULP) in violation of the NLRA.