Labour & Employment Update ~ August 2000

Since 1975, when the United States Supreme Court issued its seminal decision in NLRB v. Weingarten, 420 U.S. 251, unionized employees have been entitled to representation in investigatory interviews that the employee reasonably believes could result in disciplinary action. In its July 10, 2000 decision in Epilepsy Foundation of Northeast Ohio, 331 NLRB No. 92, the National Labour Relations Board ("Board" or "NLRB") extended Weingarten rights to nonunion employees. This decision has attracted a good deal of attention and commentary. As such, we thought it would be helpful for our clients to review the Board's holding and assess its practical implications.