Banner Health System

NLRB Division Of Advice Provides Guidance To Employers On Workplace Investigation Policies

by Christopher A. Johlie | Franczek Radelet P.C. on 4/30/2013

In Banner Health Systems, the National Labor Relations Board ruled that an employer violates Section 7 of the National Labor Relations Act when it maintains a blanket policy that prohibits employees from discussing workplace...more

General Counsel’s Division of Advice Issues Helpful Guidance on Confidentiality Rules in Workplace Investigations

by Ronald Meisburg | Proskauer - Labor Relations on 4/24/2013

As we reported here, in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the NLRB reviewed an employer’s blanket policy of requiring witnesses to maintain confidentiality during...more

NLRB’s General Counsel’s Division of Advice Issues Helpful Guidance on Banner Health Ban on Blanket Confidentiality Rules in...

by Connie Bertram | Proskauer - Government Contractor Compliance... on 4/23/2013

As Proskauer previously reported here, in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the National Labor Relations Board (“NLRB”) reviewed an employer’s blanket policy of...more

Obama Administration’s Recess Appointments to the NLRB Declared Unconstitutional: All NLRB Decisions Since January 2012 Overturned

by Summer Davis | Bradley Arant Boult Cummings LLP on 2/11/2013

In Noel Canning v. NLRB, the D.C. Circuit Court recently ruled that President Obama lacked the authority to make three recess appointments to the five-member National Labor Relations Board (NLRB), rendering the recess...more

Recess Appointments To Board Invalid - Summary Of Affected Decisions

by Scott T. Silverman | Akerman Senterfitt on 1/30/2013

The United States Court of Appeals for the District of Columbia Circuit issued an order on January 25, 2013, which struck, as unconstitutional, President Obama's recess appointments to the National Labor Relations Board...more

NLRB’s Actions in 2012 Highlight Critical Labor Issues for Nonunion Employers

by Brian Doyle, David J. Santeusanio | Holland & Knight LLP on 1/16/2013

In 2012, the National Labor Relations Board (NLRB or Board) aggressively staked out positions on employment policies and practices prevalent in both union and nonunion workplaces. These issues include social media policies...more

Will The NLRB's Protection Of Water Cooler Conversations Trump A Company's Right To Keep Its Investigations Confidential?

by Catherine M. Foti | Morvillo Abramowitz Grand Iason & Anello P.C.... on 1/10/2013

Over the past year, the National Labor Relations Board has issued a series of decisions that have significantly expanded the rights of non-supervisory employees, including non-unionized employees, to discuss information that...more

NLRB Focuses On Employers’ Internal Investigations

by Frank P. Spada, Jr. | Pepper Hamilton LLP on 12/19/2012

Originally published in the November 2012 Issue of The HR Specialist. The National Labor Relations Board (NLRB), the federal agency charged with enforcement of the National Labor Relations Act (NLRA), has increased its...more

NLRB Ruling Condemns Blanket Confidentiality Policies During Internal Investigations

by Bora Rawcliffe | Sheppard Mullin Richter & Hampton LLP on 11/27/2012

In Banner Health System d/b/a Banner Estrella Medical Center, 358 N.L.R.B. No. 93 (2012), the National Labor Relations Board (NLRB) held that an employer’s maintenance and application of a general confidentiality rule...more

NLRB’s Fine-Toothed Comb Approach Invalidates More Employer Handbooks and Policies

by Franczek Radelet P.C. on 10/17/2012

Social media and other employer policies continue to draw close scrutiny from the National Labor Relations Board (NLRB). Recently, the NLRB issued its first binding decision involving employees’ rights under a common social...more

Recent NLRB Positions Challenge Employer Conventional Wisdom

by Dinsmore & Shohl LLP on 10/1/2012

The National Labor Relations Board (“NLRB”) has recently taken the position that two extremely common employer practices violate the rights of employees under Section 7 of the National Labor Relations Act (“NLRA”). Virtually...more

NLRB Continues to Challenge Restrictions by Employers on Employee Communications

by Davis Wright Tremaine LLP on 9/25/2012

The National Labor Relations Board (NLRB) continues to challenge previously unscrutinized workplace policies and practices that restrict communications among employees of either a non-union or union employer. The latest...more

NLRB and EEOC May Target Employer Efforts to Keep Employees Quiet During Internal Investigations

by Poyner Spruill LLP on 9/25/2012

A recent decision from the National Labor Relations Board (NLRB) and comments from an Equal Employment Opportunity Commission (EEOC) attorney reveal a risk in prohibiting employees from discussing ongoing internal...more

NLRB Rules on Prohibiting Discussion of Internal Investigations

by XpertHR - Partnered with LexisNexis on 9/14/2012

The National Labor Relations Board (NLRB) ruled recently that unionized employers may violate the NLRA by prohibiting the discussion of internal investigations. The ruling pertained to a dispute between Banner Health System...more

Employer's Routine Requests to Employees to Keep Internal Investigation Matters Confidential Found Unlawful by NLRB

by Bracewell & Giuliani LLP on 9/7/2012

On July 30, 2012, the National Labor Relations Board (NLRB) ruled that a non-union employer’s practice of routinely advising its employees not to discuss ongoing internal investigation matters with their coworkers violated...more

Labor Letter - September 2012

by Fisher & Phillips LLP on 9/5/2012

In This Issue: - When “Let’s Keep It Quiet” Is An Unfair Labor Practice By Ray Haley (Louisville): On July 30, 2012, the National Labor Relations Board (NLRB) issued a bad decision for any employer that expects...more

Employers Law Update - Employers Beware: NLRB Challenges Established HR Practices

by Nexsen Pruet, PLLC on 9/5/2012

The National Labor Relations Board (NLRB) has issued a number of recent opinions questioning and, in some instances, invalidating common employer practices and policies on the grounds of protecting employee rights under...more

Employment and Labor Law Alert: NLRB to Employers: Policy Prohibiting Employees From Discussing Workplace Investigations With...

by Leonard, Street and Deinard on 8/28/2012

Employers should revisit their policies related to workplace investigations in light of the National Labor Relations Board's (NLRB's) recent decision in Banner Health System, in which the Board, in a 2-1 decision, held that a...more

Did You Know…Blanket Confidentiality Requirements Regarding Employment-Related Investigations Violate Section 7 of the NLRA

by Veronica Gray | Nossaman LLP on 8/27/2012

As part of its current campaign to take more aggressive positions regarding policies applicable to nonunion workers, the National Labor Relations Board recently ruled that a human resources consultant’s routine practice of...more

NLRB Decision Could Interfere With Workplace Investigations

by McNees Wallace & Nurick LLC on 8/23/2012

The National Labor Relations Board recently issued a decision holding that an employer violates the National Labor Relations Act by establishing workplace investigation procedures, policies, or forms that attempt to prohibit...more

Employers Beware: Is EEOC Joining the NLRB to Require that Employers Not Instruct Employees to Maintain the Confidentiality of an...

by Mintz Levin - Employment, Labor & Benefits on 8/20/2012

Lorene Schaefer, a mediator, arbitrator and workplace investigator, has reported on the One Mediation blog that by a letter of August 3, 2012 the Buffalo, New York office of the EEOC notified an employer that the employer’s...more

The NLRB Requires "A Legitimate and Substantial Justification" for Employer Confidentiality Requests

by Miller & Martin PLLC on 8/20/2012

In its latest stroll through non-unionized employers' backyards, the NLRB has overturned one of its own Administrative Law Judge's (ALJ's) rulings concerning an employer's routine request that the employees involved in...more

NLRB Tries to Lift Cone of Silence

by Foley & Lardner LLP on 8/20/2012

Recent editions of Foley’s Legal News: Employment Law Update have explained that all employers — even those without a unionized workforce — must take care to avoid unwittingly being subject to unfair labor practice charges...more

Mum's Not Necessarily the Word: NLRB Complicates Employers' Internal Investigations

by Littler on 8/15/2012

In a ruling that affects both union and non-union employers, the National Labor Relations Board held that an employer must establish a specific legitimate business justification for requiring employees to maintain...more

NLRB Maintains Focus on Workplace Policies: Board Holds That Request That Employee Not Discuss Employer's Ongoing Investigation...

by Ropes & Gray LLP on 8/13/2012

The National Labor Relations Board (the “NLRB” or the “Board”) has ruled, in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB 93 (July 30, 2012), that an employer may violate the National Labor Relations...more

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