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The NLRB's 'IBM' Decision

By Kenneth R. Dolin

The National Labor Relations Board (NLRB) recently held by a 3-2 vote that employees who work in a nonunionized work force do not have the right to have a co-worker present at an investigatory interview with their employer, even if the affected employee reasonably believes that the interview might result in discipline. IBM Corp., 341 NLRB No. 148 (June 9, 2004). This decision overruled Epilepsy Foundation of Northeast Ohio, 331 NLRB 676 (2000), which had extended to unrepresented employees a right to have a co-worker present during such interviews, and returned to pre-Epilepsy board precedent applying Weingarten rights only to unionized employees.

NLRB v. J. Weingarten Inc.

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