NLRB v. J. Weingarten, Inc.
1975 United States Supreme Court case / From Wikipedia, the free encyclopedia
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NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), is a United States labor law case decided by the Supreme Court of the United States. It held that employees in unionized workplaces have the right under the National Labor Relations Act to the presence of a union steward during any management inquiry that the employee reasonably believes may result in discipline.
Quick Facts NLRB v. J. Weingarten, Inc., Argued November 18, 1974 Decided February 19, 1975 ...
NLRB v. J. Weingarten, Inc. | |
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Argued November 18, 1974 Decided February 19, 1975 | |
Full case name | National Labor Relations Board v. J. Weingarten, Inc. |
Citations | 420 U.S. 251 (more) 95 S. Ct. 959; 43 L. Ed. 2d 171; 1975 U.S. LEXIS 136 |
Case history | |
Prior | NLRB found employer had engaged in unfair employment practice under National Labor Relations Act, 202 N.L.R.B. 446 (1973), decision reversed based on impermissible construction of statute, 485 F.2d 1135 (5th Cir. 1973) |
Subsequent | Judgment reversed and remanded with direction to enter judgment enforcing NLRB's order. |
Holding | |
In unionized workplaces, employees have the right under the National Labor Relations Act to the presence of a union steward during any management inquiry that the employee reasonably believes may result in discipline. | |
Court membership | |
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Case opinions | |
Majority | Brennan, joined by Douglas, White, Marshall, Blackmun, Rehnquist |
Dissent | Burger |
Dissent | Powell, joined by Stewart |
Laws applied | |
29 U.S.C. § 157 (Section 7 of the National Labor Relations Act) |
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