Rulemaking Re: Weingarten Rights

National Labor Relations Board - Board Decisions

May 3, 2017

SP-455 (N.L.R.B. May. 3, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
In Re: Request for Rulemaking Regarding
Reconsideration of IBM Corp.,
341 NLRB 1288 (2004)
ORDER
By letter dated November 15, 2016, Charles S. Strickler, Jr. (Petitioner) filed a
request with the National Labor Relations Board, asking it to use its rulemaking power
to reverse the Board’s decision in IBM Corp., 341 NLRB 1288 (2004), and extend
Weingarten1 rights to nonunion employees. After consideration of the request, the
Board has decided not to exercise its discretionary authority to engage in rulemaking at
this time with respect to this issue.
Dated, Washington, D.C., May 3, 2017
Philip A. Miscimarra, Chairman
Mark Gaston Pearce, Member
Lauren McFerran, Member

1 NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975).