From our private database of 22,300+ case briefs...
National Labor Relations Board
341 N.L.R.B. 1288 (2004)
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.
Rule of Law
Holding and Reasoning (Battista, Chairman)
Dissent (Liebman and Walsh, Members)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 517,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 517,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 22,300 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.