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IBEW, Wal-Mart Stores, Inc. & IBM Corp. The NAM and other business groups urged the NLRB to reinstitute its position prior to the Epilepsy Foundation case (2000) that non-union employees do not have statutory right to have a third-party representative with them during an investigatory interview by their employer. On 6/15/04, the NLRB agreed. Because employers are subject to increasing legal obligations regarding employment discrimination, financial fraud and heightened security concerns, the Board found sufficient justification for adopting a policy that gives greater weight to the employer's right to conduct investigations than to an employee's right to have a co-worker present during a confidential interview. We were concerned that third party presence in such investigations will hinder getting at the truth and maintaining confidentiality. Employers are under substantial legal and moral pressure to fully and adequately address sexual or racial discrimination, financial malfeasance, simple theft or violence, job-impairing drug use, or terrorism and other homeland security issues. The NAM joined with the EEAC, Associated Builders & Contractors, the U.S. Chamber of Commerce, the Society for Human Resource Management and the International Mass Retail Association in the amicus brief in this case.