b'RCALegalUpdate Legally Speaking: It Can\'t Be! By Bob Dunlevey, Dunlevey,& MahanFurry Can it be true that the NationalWill this case be extended to per cant litigation.Thedissentwas LaborRelationsBoard("NLRB")mitemployee to haveor herquoted as saying, "The workplace anhis just ruled that non-union employ attorney present in such an inter has bec aof Ion omegardenitigatiRemember thatees have the right to representa view? - what about arepand the Boardis addinganother union tionbya co-workerwhentheirfrom another facility?The ramifi cause of action toflower therein, ifinterview isemployerinterviewsthem?cations of this decision are over but hiding in the"While thewoods.not to gather factsAnswer-Yes. T next time youwhelming.you may think hatis justre het thismointerview anemployeetogatherEmployees may very well flood"fertilizer" foryou nthe garden,eed for consideringfacts which may lead to their disci the NLRB with unfair laboriceto be alert to these newly-created practpline, be prepared to permit acharges if they have been deniedrigh for your no n discipline but,co tsn-unio employworkertorepresentthemuponrepresentation righ or th mayees.Alert yoursuper and tseyvisors instead, merelytheir request.sue employers in state courts formanagers today. In adecision of thewrongful discharge.this msignificantInost to announce theNLRBarisinginNortheast Ohio,recentruled that case, the NLRB discipline, no rightthe NLRB in Washington, DC, hastheemployeewho turnedupside-downthelawwasdischarged for to representationestablishedforthelastfifteenbeing"insuboryears. For those of you withdinate"bynot exists.union facilities,youareawareofthepartici1975Weingartendecision,pating which entitlesa unionizedemployee tointhe unhave aion representative pres interview ent at an "investigatory" interviewwithouta if the employee believes therepresentainterrogation might result in discipli tive,should naryaction.Customarily,thebereinstated union steward shows up to defendwith full back pay the employee. This right has nowandbenefits- a beenextendedtonon-unioncostlylessontothe employeesandforcestheemployer. employer to deal with the equiva Remember that if theiew intervlent of arization. In fact,is not to gather facts for considerlabo organitcouldbethestartofunioning discipline but,tead,ly ins mereorganizing in many facilities.toannoun thediscipline, no ce dissenting opinion Aby one ofrighttorepresentationexists. themembersoftheNLRBindi Also, remember that the co-worker cated that non-unionized employ that is representing the employee ers should not be burdened withbecomescloakedwith additional thedutyeither toaccedetoanp tectionsundertheNational roemployee\'srequestforaco Labor Relations Act,discipliand worker representative, or to foregonary action against that individual aninvestigatoryinterviewwhencouldbeconsideredunlawful neithertheemployeenortheretaliation. employer is significantly assistedWhile most non-unionloyempby the presence of aees may notaware of representativebecometheir untrainedin employeerelations.new rights,decision could be this adog and spawn signifi-sleeping'