Administrative Law Keyed to Strauss
Epilepsy Foundation of Northeast Ohio v. NLRB
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The Foundation dismissed employee Borges who was a non-union employee. After a series of appeals, the NLRB extended the pre-existing Weingarten rule (“employees in a unionized workplace may request the presence of a union representative at an investigatory interview which the employee reasonably believes might result in disciplinary action”) to non-unionized employees. It also made that rule retroactive, holding the Foundation liable for Borges dismissal.
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