NLRB Reverses Epilepsy Foundation

The National Labor Relations Board has reversed its 2000 ruling in

Epilepsy Foundation of Northeast Ohio, 331 NLRB 676 (2000), enfd. in relevant part, 268 F.3d 1095 (D.C. Cir. 2001) and returned to its pre-Epilepsy Foundation precedent holding that the Weingarten right does not extend to employees in a nonunionized setting. IBM Corp., 341 NLRB No. 148 (2004).

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