Analysis

Weingarten Memo Highlights NLRB’s Willingness To Flip-Flop

Law360, New York (September 13, 2017, 9:21 PM EDT) -- A recent memo by the National Labor Relations Board’s outgoing general counsel arguing in favor of expanding Weingarten rights to nonunion workers will almost certainly be cast aside by both his successor and the incoming Republican majority, in what experts say is only the latest of the board’s partisan swings on policy that have been giving employers headaches for years.

The advice memorandum, released on Sept. 7 as part of a series of memos, was written by Barry J. Kearney, then associate general counsel in the NLRB’s Division of Advice. It called for the board to return to a position it...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS