In 2000, the NLRB extended Weingarten rights to non-union employees, holding in Epilepsy Foundation that employees in a non-union setting have a statutory right to request representation by a fellow employee during an investigatory interview if the employee reasonably believes that the interview could result in discipline.  At Hanft Fride's 2001 Employment & Labor Law seminar, we criticized that decision as inconsistent with the National Labor Relations Act and as interfering with an employer's right and obligation to conduct investigations.  In June, 2004, the NLRB reversed its prior decision and held in IBM Corp. that Weingarten rights are no longer available to non-union employees.  As a result, employers are once again free to conduct investigatory interviews of non-union employees without granting employees the right to representation by a co-worker.

If you have any questions regarding Weingarten rights or other labor law matters, contact Tom Torgerson at 218.722.4766, or rtt@hanftlaw.com.