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NLRB Again Limits <i>'Weingarten' </i>Rights

By Andrew A. Malahowski

Continuing a seesaw battle that has been ongoing since the early 1980s, the NLRB recently held in a 3-2 decision that non-union employees do not have a right under the National Labor Relations Act to be accompanied by a fellow employee during a meeting that might lead to discipline.

In IBM Corp., 341 NLRB No. 148 (June 9, 2004), a majority of Chairman Battista and Members Schaumber and Meisburg voted to overrule the Board's decision in Epilepsy Foundation, 331 NLRB 676 (2000), thereby changing the Board's position for the fourth time in the past 23 years on whether so-called Weingarten rights apply to non-union employees.

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