National Labor Relations Board Overrules Epilepsy Foundation

June 16, 2004

The National Labor Relations Board (“NLRB”), in Epilepsy Foundation, 331 NLRB 676 (2000), extended to employees of nonunion employers the right to have coworker representation during investigatory interviews that the employees reasonably believed might result in discipline.  In the union setting this right is known as the Weingarten right, named after the case in which the right was first established.  On June 9, 2004, in IBM Corp., 341 NLRB No. 148 (2004), the NLRB overruled Epilepsy Foundation 3-2 and held that, unlike unionized employees, employees of nonunion employers do not have the right to coworker representation at investigatory interviews.

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