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Daily Weekly  [More Information]
Article Index » labor law » weingarten rights
Report Link Unionized Public Sector Employees Have No Right To Representation At Investigatory Interviews.
Jackson Lewis LLP - February 26, 2007
Private sector employees who are represented by a union for collective bargaining have a right to request union representation for meetings with managers where they are likely to be quizzed about workplace misconduct. Under the National Labor Relations Act, if an employee has a reasonable belief that responses to management inquiries might result in disciplinary action, the employee may request a union representative to be present.
Report Link Investigatory Interview Representation Rights for Nonunion Workers.
Hughes Hubbard & Reed LLP - September 21, 2004
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.
Report Link Non-Union Employees Not Entitled to Co-Worker Representation, Says NLRB (pdf).
Vedder Price - July 26, 2004
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.
Report Link NLRB Rules That Weingarten Rights No Longer Apply to Non-Union Workforces.
Littler Mendelson, P.C. - June 23, 2004
On June 9, 2004, the National Labor Relations Board (“NLRB”) in IBM Corp., 341 NLRB No. 148, overruled its Epilepsy Foundation decision, which had granted non-union employees the right to be represented by a co-worker at an investigatory interview that could result in disciplinary action.
Report Link NLRB Rules Nonunion Employees Have No Right to Representation During an Investigatory Interview.
Jackson Lewis LLP - June 17, 2004
In a decision which impacts the workplace investigation practices of all employers, the National Labor Relations Board has ruled that nonunion employees do not have the right to have a representative present during an interview that might reasonably lead to disciplinary action.
Report Link D. C. Circuit Enforces NLRB Decision Expanding Application of "Weingarten" Rights to Non-Union Employees.
Winston & Strawn - November 02, 2001
Discusses Epilepsy Found. of N.E. Ohio v. NLRB, No. 00-1332, (D.C. Cir. November 2, 2001), in which the court upheld the NLRB's ruling that non-union employee are entitled to representation during disciplinary interview.
Report Link The Presence of Coworkers During Investigatory Interviews [PDF File].
Akin Gump Strauss Hauer & Feld, LLP. - November 01, 2000
Lengthy discussion of Epilepsy Foundation of Northeast Ohio, 331 NLRB No. 92 (July 10, 2000), in which the Board ruled that non-union employee are entitled to representation during disciplinary interview.
Report Link NLRB Expands Rights of Non-Union Employees: Grants Right to Have Co-Worker Present at Interview.
Brigs & Morgan - July 27, 2000
Discusses Epilepsy Foundation of Northeast Ohio, 331 NLRB No. 92 (July 10, 2000), in which the Board ruled that non-union employee are entitled to representation during disciplinary interview.
Report Link Unionized Employees' Right to Representation During Investigatory Interview is Expanded to Nonunion Employees.
Jackson Lewis LLP - July 01, 2000
Detailed discussion of Epilepsy Foundation of Northeast Ohio, 331 NLRB No. 92 (July 10, 2000), in which the Board ruled that non-union employee are entitled to representation during disciplinary interview.

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