Internal Investigations, NLRA | JD Supra Law News

Further Guidance: NLRB General Counsel's Office Weighs In On Confidentiality During Workplace Investigations

by Jon Bierman, Andrew Cripe, Jay Dade, Sean Gallagher, Christopher Mason, William Robbins | Polsinelli on 5/2/2013

Recently, the National Labor Relations Board's (NLRB) General Counsel Division of Advice ("Division of Advice") released a memorandum offering guidance to an NLRB Regional Director concerning employers requiring...more

Employment Law Advisory for May 1, 2013: NLRB Division of Advice Issues Guidance on When Employer May Demand Confidentiality in an...

by Hopkins & Carley on 5/2/2013

Internal investigations of possible employee misconduct or other employment-related issues are not uncommon. Most employers who conduct such internal investigations routinely request that the complainant, the target of the...more

The National Labor Relations Board 2012 Year in Review

by Bruce Bagley, Adam Santucci | McNees Wallace & Nurick LLC on 2/20/2013

Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of hindsight,...more

As 2012 Ends, So Does the NLRB's Longstanding Bright-Line Rule Protecting Witness Statements from Disclosure

by Tracy Stott Pyles | Littler on 1/5/2013

As the calendar year ends, so does National Labor Relations Board Member Brian Hayes' term, prompting a series of decisions, including Piedmont Gardens, 359 NLRB No. 46 (Dec. 15, 2012). There the Board reversed 34 year-old...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 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

Silence is Not Golden - Employers Should Rethink Policies that Silence Employees During Internal Investigations

by Cole Schotz on 9/5/2012

In light of a recent U.S. Equal Employment Opportunity Commission (“EEOC”) communication, employers should review their internal investigation policies to ensure that they do not completely silence employees. In an August 3,...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

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

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Internal Investigations › The National Labor Relations Act