NLRB v. J. Weingarten, Inc. represented a major breakthrough in the area of employee due process rights by establishing the basic framework of the right to representation. However, many questions remain unresolved as to exact parameters of this right. The undetermined issues involved such matters as invocation of the right, waiver, duty of fair representation, the scope of the employer's responsibility, the role of the union, and extension of the right to employees not represented by a union. Some of these questions have been dealt with by the National Labor Relations Board (hereinafter the Board), the courts, and arbitrators. This article will address itself to the interpretation and application of Weingarten in the development of the right to representation.
Note, Union Representation at Investigatory Interviews: The Subsequent Development of Weingarten, 28 Clev. St. L. Rev. 127 (1979)