This Is Why It Matters Who Runs the NLRB

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In NLRB v. J. Weingarten, Inc., the U.S. Supreme Court held that employees covered by a collective bargaining agreement may request the presence of a union representative during an investigatory interview that the employee reasonably believes may result in disciplinary action. In the 42 years hence, the board has vacillated on the issue of whether Weingarten rights also extend to non-union employees. For example, in 2000, in Epilepsy Foundation of Northeast Ohio [pdf], the Clinton-era board found that employees in non-union settings have Weingarten rights to a co-worker representative during investigatory interviews. More recently, however, the Bush-era board, in IBM Corp., concluded the exact opposite,

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