Part I of this article offers a brief history of the development of the right of employees to co-worker representation. Part II analyzes the Board's June 2004 decision to withdraw Weingarten rights from non-union employees, and Part III explores key policy factors relevant to recognition of an employee's right to the presence of a co-worker in an investigative interview. Part IV argues that, rather than eliminating Weingarten rights for non-unionized workers, the NLRB should take the next available opportunity to reaffirm and enhance these safeguards.
Sarah Helene Duggin,The Ongoing Battle Over Weingarten Rights for Nonunion Employees: What Do Terrorism, Corporate Fraud and Workplace Violence Have to Do with It?, 20 NOTRE DAME J.L. ETHICS & PUB. POL’Y 655 (2006).