NLRB Rules that Nonunion Employees Have No Right to Representation at Investigatory Interviews

September 9, 2004 Advisory

The National Labor Relations Board (NLRB) recently held that nonunion employees do not have the right under the National Labor Relations Act (NLRA) to have a coworker present during investigatory interviews that could lead to disciplinary action. The NLRB's decision in IBM Corp. overturns its 2001 decision in Epilepsy Foundation of Northeast Ohio and marks a return to earlier precedent.