Proper Focus of Weingarten Analysis Was Employee's PIP and Counseling, Not Supervisor's Subjective Intentions: NLRB | Practical Law
In Verizon California, Inc., the National Labor Relations Board (NLRB) declined to defer to an arbitration award when the arbitrator focused on the supervisor's subjective intentions rather than the employee's performance improvement plan (PIP) and recent counseling in determining whether the employee was entitled to Weingarten representation.