The sole issue in this case is whether the Respondent, whose employees are not represented by a union, violated Section 8(a)(1) of the Act by denying the Charging PartiesÇ requests to have a coworker present during investigatory interviews.[1] The judge, applying the BoardÇs decision in Epilepsy Foundation of Northeast Ohio, 331 NLRB 676 (2000), enfd. in relevant part, 268 F.3d 1095 (D.C. Cir. 2001), cert. denied, 536 U.S. 904 (2002), found that the Respondent violated the Act by denying the Charging PartiesÇ requests for the presence of a coworker.

The Respondent urges the Board to overrule Epilepsy Foundation and return to the principles of E. I. DuPont & Co., 289 NLRB 627 (1988). In that case, the Board refused to apply the principles of NLRB v. J. Weingarten, 420 U.S. 251 (1975), in a nonunionized setting to permit an employee to have a coworker present at an investigatory interview that the employee reasonably believed might result in discipline. The various amici curiae join in the RespondentÇs request.

Having carefully considered the entire record in this proceeding, including the briefs of the Respondent and the various amici curiae, we have decided, for the reasons set forth below, to overrule Epilepsy Foundation and to return to earlier Board precedent holding that the Weingarten right does not extend to a workplace where, as here, the employees are not represented by a union. Accordingly, we have decided to affirm the judgeÇs rulings, findings,[2] and conclusions only to the extent consistent herewith and to dismiss the complaint in its entirety.