In its 1975 Weingarten decision, the United States
Supreme Court upheld the rule adopted by the National Labor
Relations Board (NLRB) that an employee represented by a union
has the right to have a union representative present during
an investigatory interview that the employee reasonably believes
may result in discipline. In a case decided in July of 2000,
the NLRB extended this protection to employees who are not represented
by a union. Recently, the NLRB revisited this issue. In IBM
Corp., 341 NLRB No. 148 (2004), the Board overruled the
case it decided in 2000. Therefore, a non-union employee is
no longer entitled to representation during an investigatory
interview that the employee reasonably believes could lead
to discipline. This decision is effective immediately, and
employers should feel free to modify their procedures with
non-union employees at any time. If you have any questions
regarding this development or any other labor relations issues,
please contact Thomas R. Trachsel at
612-373-8432 or ttrachsel@felhaber.com.
Events
& Information: Newsletters
& Articles: Weingarten
Update-Non-Union Employees Are No Longer
Entitled to Representation During Investigatory Interviews
