In response to a letter from a former employee that contained harassment allegations, IBM Corp. (defendant) interviewed three of the employees involved. None requested a witness for the first interview, but all three requested an attorney or a coworker’s presence for the second interview a week later. IBM denied the requests, conducted the second interviews in private, and discharged all three employees a month later. Although the employees were not unionized, all three charged IBM with violating the National Labor Relations Act (NLRA) by denying the requests for a coworker’s presence. The judge applied a prior National Labor Relations Board (NLRB) decision that recognized such a right in a nonunionized setting and concluded that IBM violated the NLRA. IBM urged the NLRB to overrule that decision and instead return to its prior stance, which required a union representative’s presence in investigatory interviews only in unionized settings. The NRLB reviewed the judge’s recommendations and entered its decision.