On June 9, 2004, the NLRB reversed course. In a 3-2 decision, the board held that nonunion employees do not enjoy Weingarten rights. Thus, a nonunion employer does not violate the National Labor Relations Act by denying a request for representation. IBM Corp., 341 NLRB No. 148 (2004).
The NLRB's decision to discontinue the right of representation for nonunion workplace is a "step backwards." It's a sacrifice of due process in the nonunion workplace, and a violation of unorganized employees' Section 7 right to engage in concerted activities for the purpose of mutual aid or protection. This is not only needed to protect the workforce but also need to protect civil rights. It directly hurts and restricts the ability to rebuild America's workforce on a "level playing field".