Employee Rights Violations
The Court of Appeals held that by not allowing the union representative to be present in the investigation, Weingarten violated Section 8(a)(1) of the National Labor Relations Act. An employer cannot interfere with or coerce employees in the “exercise of rights guaranteed in section 157.” If an employee seeks assistance of a union representative, that falls under a concerted activity, which is protected under Section 7. Employees have the right to engage in concerted activities for “mutual aid or protection.” Furthermore, the day after the interview, Weingarten Inc. ordered that there should be no more free lunches. This was a violation of Section 8(a)(5) and under the collective bargaining agreement, this action was an arbitrable grievance.