June 15, 2004
No More Weingarten Rights for Non-Union Employees
In 2000, the National Labor Relations Board held that even workers in non-unions settings were entitled to be accompanied to an investigatory meeting or interview by a co-worker, if the employee reasonably believed that the interview may lead to disciplinary action. The case was Epilepsy Foundation of Northeast Ohio. This right to be accompanied by a co-worker is known as a "Weingarten right," based upon a previous case by that name.
On June 15, 2004, the NLRB reversed and overruled its previous decision in IBM Corp., 341 NLRB No. 148. In summary, employees in a non-union setting can no longer insist upon being accompanied by a co-worker in an investigatory meeting or interview, and an employer which denies such a request by an employee does not commit a labor infraction.