A recent opinion issued by the NLRB’s Division of Advice (“Advice”) may effect employers with a unionized workforce. Advice recently concluded that an employer did not violate an employee’s Weingarten rights when the employer searched a company vehicle driven by the employee. Under Weingarten, an employee being interviewed may be entitled to union representation at the investigative meeting, if certain conditions are met. The NLRB’s Division of Advice concluded that the vehicle search did not constitute an investigatory interview. Thus, there was no violation of Weingarten by failing to have a union representative present for the search (the employee also was not present for the search). The employer complied with Weingarten by allowing union representation during investigatory interviews before and after the search was conducted.
Selena Smith represents employers on a full range of labor and employment issues, including NLRB rules and regulations. For more information contact Selena at firstname.lastname@example.org, or (206) 447-0182.