News & Analysis as of

Internal Investigations Section 7 Protected Concerted Activity

White and Williams LLP

NLRB Reverses Itself on Two Obama-Era Pro-Employee Decisions

White and Williams LLP on

Closing out 2019, the National Labor Relations Board (NLRB or the Board) issued two final opinions that will reverse employee-friendly decisions. The two opinions - Apogee Retail LLC d/b/a Unique Thrift Store (Apogee) and...more

Cohen & Gresser LLP

Can Employers get a Grip on Griping? Not all Gripes are Created Equal…

Cohen & Gresser LLP on

Negative employee attitudes, chronic complaining, insubordination and gossiping are bad for the workplace.  They can impact employee morale and productivity, and if spread outside of the organization, reflect very poorly on...more

Littler

Seventh Circuit Affirms NLRB in Upholding Discharge of Fast and Furious Employee for Highway Misconduct

Littler on

In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a...more

Parker Poe Adams & Bernstein LLP

NLRB Says Employers Cannot Ask Employees Not to Discuss Internal Investigation

When conducting an internal investigation involving possible disciplinary violations, employers often ask participants in the investigation to maintain its confidentiality pending completion. Last month, the National Labor...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2012 Year in Review

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...more

Troutman Pepper

NLRB Focuses On Employers’ Internal Investigations

Troutman Pepper on

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

Bracewell LLP

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

Bracewell LLP on

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

Nossaman LLP

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

Nossaman LLP on

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

Littler

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

Littler on

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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