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:: Wednesday, August 18, 2004 ::
It’s About Time: NLRB Restores Non-Union Employers’ Rights in Investigations by G Roger King and Jennifer S. Browning, Mondaq News Alerts
On June 15, 2004, the National Labor Relations Board ("NLRB" or "Board"), by a 3-2 margin in IBM Corporation, overruled current precedent that unionized and non-union employees alike, have the right to a coworker present during an investigatory interview that the employee reasonably believes might result in discipline — otherwise known as Weingarten rights. As the law now stands, only unionized employees have this right. This article briefly discusses the history of Weingarten rights, dissects the holding and pertinent rationale of IBM Corporation, and comments on policy and practical considerations that support this decision, which expressly overrules Epilepsy Foundation of Northeast Ohio, 331 NLRB 676 (2000) cert. denied, 536 U.S. 904 (2002).------------------------------------------- posted 6:22 AM :: reference link ::
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