My article discusses a recent NLRB case, Banner Health Systems, where the Board found that a blanket confidentiality policy regarding internal investigations violated Section 7 of the National Labor Relations Act. The NLRB has now shifted the burden to the employer to show on a case-by-case basis, that it has a genuine business justification for confidentiality which outweighs their employee's Section 7 rights. My article provides practical tips for employers to use in formulating new policies.
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