E.I. Du Pont De Nemours & Company (Chestnut Run) v. National Labor Relations Board

OPINION OF THE COURT

HAROLD A. ACKERMAN, District Judge:

I

In NLRB v. J. Weingarten, Inc., 420 U.S. 251, 95 S.Ct. 959, 43 L.Ed.2d 171 (1975), the *1063Supreme Court upheld a ruling by the National Labor Relations Board (the Board) that Section 7 of the National Labor Relations Act (the Act), 29 U.S.C. § 157, protected a unionized employee’s right to refuse to submit to an investigatory interview without the presence of a union representative, where the employee reasonably believed that the interview might result in discipline. The central issue before us is whether the Board erred in construing…