In a landmark case in the continuing stream of "constitutionalism and due process" decisions of the Supreme Court, the Court has recently upheld a hotly contested NLRB view that employees have the right to union representation at the earliest stage of a management investigation into alleged employee rule infractions. The Board's view is that employees are entitled to such representation when they have reasonable grounds to believe that the investigation may lead to discipline or discharge.
In three separate recent cases, this Board's view was rejected by three different Circuit Courts of Appeal. In the Quality Mfg. Co. case, an employee who consistently refused to see the company president alone to discuss her alleged "flippancy" earlier, but insisted