In a reversal of 18 years of case law, the National Labor Relations Board (NLRB) has ruled that non-union employees have a right to have a representative present during meetings involving possible discipline.

The case arose with the discharge of an employee who refused to meet with his supervisors without a co-worker present (Epilepsy Foundation of Northeast Ohio, 331 NLRB No. 92 (July 21, 2000). The company fired the employee for insubordination following his refusal.

The NLRB stated that the discharge violated the National Labor Relations Act’s protection for employees to act together to address unjust punishment. According to the Board, this protection does not depend on whether employees are represented by a union.

Washington Employers Inc., a human resource management association, strongly recommends that employers who intend to discipline employees in a meeting must honor any employee’s request to have a co-worker present during the meeting.

For more information, call the group at (206) 329-1120.