NLRB v. J. Weingarten, Inc.

NLRB v. J. Weingarten, Inc.
Argued November 18, 1974
Decided February 19, 1975
Full case nameNational Labor Relations Board v. J. Weingarten, Inc.
Citations420 U.S. 251 (more)
95 S. Ct. 959; 43 L. Ed. 2d 171; 1975 U.S. LEXIS 136
Case history
PriorNLRB 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)
SubsequentJudgment 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
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
Case opinions
MajorityBrennan, joined by Douglas, White, Marshall, Blackmun, Rehnquist
DissentBurger
DissentPowell, joined by Stewart
Laws applied
29 U.S.C. § 157 (Section 7 of the National Labor Relations Act)

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.