State Courts Address "Weingarten" Rights for Public Employees

In cases that could have implications for faculty members at public colleges or universities, the New York Court of Appeals and the Pennsylvania Supreme Court both addressed the issue of "Weingarten" rights for public employees.  In the case NLRB v. J. Weingarten, Inc., 430 U.S. 251 (1975), the U.S. Supreme Court held that, under the National Labor Relations Act, union members have the right to have a union representative present at an investigatory interview if the employee reasonably believes that the interview might result in disciplinary action.  In the case New York City Transit v. Public Employment Relations Board, decided Feb. 20th, the N.Y. Court of Appeals held that there is no corresponding "Weingarten" right available to public employees under the N.Y. Civil Service Law (known as the "Taylor Law").  The N.Y. Court of Appeals decision is available at http://www.courts.state.ny.us/reporter/3dseries/2007/2007_01387.htm

The Pennsylvania Supreme Court, in the case of Office of Administration v. Labor Relations Board, also decided Feb. 20th, held that the Pennsylvania Public Employee Relations Act did allow public employees the right to have their choice of union representative present during an investigatory interview.  The Pa. Supreme Court decision is available at http://www.courts.state.pa.us/OpPosting/Supreme/out/J-14-2006mo.pdf