Internal Investigations, Witness Statements

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

Be a Super Sleuth—Part Two: Preparing for and Conducting Effective Workplace Investigations

by Ashlee M. Bekish, Ashley A. Wenger | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/29/2013

It is in every employer’s best interest to know when and how to conduct an effective and efficient workplace investigation. In the first part of this three part series — Be A Super Sleuth: Laying the Framework for Effective...more

Employment And Labor Law Alert: The National Labor Relations Board Changes Course - Witness Statements Obtained During Workplace...

by Jonathan Naples, Matthew Tews | Leonard, Street and Deinard on 1/14/2013

Until recently, the National Labor Relations Board's decision in Anheuser-Busch, 237 NLRB 982 (1978), was clear: employers were not obligated to provide witness statements collected during workplace investigations to the...more

NLRB Overrules Anheuser-Busch: Witness Statements Now Subject to Disclosure

by Olufeyikemi Obafemi, Jeffrey Pasek | Cozen O'Connor on 1/8/2013

Last year, we notified you here that the National Labor Relations Board will now consider a general employer rule requiring confidentiality during an internal investigation into an employee complaint to be an unfair labor...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 Overrules Longstanding Precedent, Provides Opportunity For Unions To Obtain Confidential Witness Statements Used In Internal...

by Neil S. Goldsmith, Amy Zdravecky | Franczek Radelet P.C. on 1/4/2013

Since 1978, employers had not been required to disclose witness statements provided in internal investigations to unions deciding whether to pursue various grievances. All that changed last week when the NLRB overturned its...more

NLRB Decision Sets New Rule on Confidentiality of Witness Statements

by Michael Lebowich, Fredric Leffler, Marc Mandelman, Ronald Meisburg, Katharine Parker, Bernard Plum, Leslie Silverman, Mark Theodore, Allan Weitzman | Proskauer Rose LLP on 1/3/2013

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 Mark Theodore | Proskauer - Labor Relations on 12/31/2012

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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Internal Investigations › Witness Statements