Rights of Employee to Demand Representation During Investigatory Interview Limited to Union Settings
In June, the National Labor Relations Board (“NLRB” or the “Board”) overruled its controversial 2000 decision in Epilepsy Foundation and concluded that employees in non-union workplaces are not entitled to request that a co-worker or other representative be present at an investigatory interview conducted by his employer. As will be further explained below, the so-called Weingarten “right to representation” has traditionally been available to employees in a union setting. In its 2000 Epilepsy Foundation decision, however, the Board, in a surprising decision, extended “Weingarten rights” to non-union employees. Last month, in IBM Corporation, 341 N.L.R.B. No. 148 (June 9, 2004), […]




