News & Analysis as of

Discovery National Labor Relations Board

Contractors: Do You Have a Cell Phone Policy? Is It Time for an Upgrade?

by Burr & Forman on

Smart phones and tablets are now commonplace on the construction job site.  Are your cell phone policies as outdated as the original the flip phones that you issued to your employees? Do you even have a cell phone policy?...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

NLRB Overrules Precedent; Allows Unions Easy Access to Employee Witness Statements

by Franczek Radelet P.C. on

For nearly 40 years, the National Labor Relations Board has followed a bright-line rule pursuant to which an employer is privileged to withhold witness statements from unions. In its 1978 Anheuser-Busch Inc. decision, the...more

What 2013 Gifts will Employers be Enjoying well into 2014?

by Baker Donelson on

The holidays have come and gone. I hope everyone enjoyed them, and I hope everyone received the gifts and presents they asked for. I come from a big family—three siblings, 14 aunts and uncles, and nearly twenty cousins....more

NLRB Overrules Longstanding Precedent Exempting Witness Statements from Disclosure in Grievance-Arbitration Context

In yet another reversal of longstanding, bright-line precedent, the National Labor Relations Board (NLRB or Board) has changed dramatically the rule applicable to employers in responding to union information requests seeking...more

NLRB Decision Sets New Rule on Confidentiality of Witness Statements

by Proskauer Rose LLP on

The National Labor Relations Board continued its attack on long established internal investigation best practices with its recent ruling in American Baptist Homes of the West, 359 NLRB No. 46 (December 15, 2012) in which it...more

NLRB Overrules Another Longstanding Precedent: Witness Statements No Longer Exempt From Disclosure

by Proskauer - Labor Relations on

The precedents are falling fast. Last week the NLRB overruled the five decade old Bethlehem Steel decision, and now another longstanding precedent has fallen....more

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