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Total Articles: 2

Investigatory Interview Representation Rights for Nonunion Workers.

In an important decision for employers, the National Labor Relations Board recently held in IBM Corp., 341 NLRB No. 148 (2004) that nonunionized employees no longer have the right to have a coworker with them at an investigative interview, even when the employee reasonably believes the investigation might result in disciplinary action.

Non-Union Employees Not Entitled to Co-Worker Representation, Says NLRB (pdf).

Reversing its prior position on this issue, the National Labor Relations Board ("NLRB") ruled that nonunion employees do not have the right to be represented by a co-worker at an investigatory interview that could result in disciplinary action.
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