The following is not meant to be legal advice.
Weingarten was a case about unfair labor practices. A union may file against management saying management violated the law in that the employee was not given representation, due process.
Employees need not be told they have the right to representation, but they should be told enough such that they can draw their own conclusion. Let the employees know the nature of meetings. It is up to the union to educate members on whether they are to get representation. If the company does not follow Weingarten procedures, a person terminated may get his/her job back.
Some employers put employees on notice they have the right to representation even if they are not required because they do not want to not be protected procedurally. However, it is a problem when the employer does not remember to tell someone about representation, and has created a past practice of notice. The past practice becomes the equivalent to a contract. This is why some companies do not provide notice of representation.
The Skelly vs. State Personnel Board-1975 CA State Supreme Court Decision was a case similar to Weingarten on due process for public employees. The case determined employees have the right to be heard before being terminated.
Comment Preview