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Q.Do I have to grant an employee request to have a co-worker present at an investigatory interview?
A.As of June 9, 2004, only unionized employees have the right to have a union representative present at an investigatory interview or meeting that the employee believes will result in disciplinary action from the employer. In 2004, the National Labor Relations Board reversed a prior ruling and acceeded that non-union employers are not required to grant an employee's request to have a co-worker present during an investigatory interview or meeting. In fact, non-union employers have the option to forgo an employee interview, so long as they base their decision to impose discipline on objective evidence obtained independtly.
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