New York City Transit Authority v. New York State Public Employment Relations Board

OPINION OF THE COURT

Cozier, J.

The United States Supreme Court held in NLRB v J. Weingarten, Inc. (420 US 251 [1975]) that a private sector employee has a statutory right under section 7 of the National Labor Relations Act (NLRA) (29 USC § 157) to refuse to submit, without union representation, to an investigatory interview which the employee reasonably believes may result in discipline. The refusal by a private sector employee to submit, without union representation, to questioning which the employee reasonably believes may result in discipline has been commonly referred to as a Weingarten…