NLRB Extends Rights to Have Co-Employee Present at Investigatory Interviews to Non-Unionized Employers

On July 10, 2000, the National Labor Relations Board (NLRB) ruled in Epilepsy Foundation of Northeast Ohio, that non-unionized employees have a right under the National Labor Relations Act (NLRA) to have a coworker present during investigatory interviews where the employee reasonably believes that the interview may result in discipline. This ruling extends to non-unionized employees rights similar to those unionized employees have had since 1975, when the United States Supreme Court rendered its decision in NLRB v. J. Weingarten, Inc. Based on the Supreme Court’s decision, these rights are commonly known as “Weingarten rights.”

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