News & Analysis as of

The National Labor Relations Act › Banner Health System › Confidential Employer Investigations

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Franczek P.C.

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

Franczek P.C. on

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

Proskauer - Labor Relations

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

Proskauer - Labor Relations on

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

Proskauer - Government Contractor Compliance...

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

Proskauer - Government Contractor Compliance... on

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

Holland & Knight LLP

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

Holland & Knight LLP on

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

Sheppard Mullin Richter & Hampton LLP

NLRB Ruling Condemns Blanket Confidentiality Policies During Internal Investigations

Sheppard Mullin Richter & Hampton LLP on

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

Davis Wright Tremaine LLP

NLRB Continues to Challenge Restrictions by Employers on Employee Communications

Davis Wright Tremaine LLP on

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

Poyner Spruill LLP

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

Poyner Spruill LLP on

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

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

Nexsen Pruet, PLLC

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

Nexsen Pruet, PLLC on

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

Stinson LLP

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

Stinson LLP on

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

McNees Wallace & Nurick LLC

NLRB Decision Could Interfere With Workplace Investigations

McNees Wallace & Nurick LLC on

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

Mintz - Employment, Labor & Benefits...

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

Mintz - Employment, Labor & Benefits... on

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

Miller & Martin PLLC

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

Miller & Martin PLLC on

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

Foley & Lardner LLP

NLRB Tries to Lift Cone of Silence

Foley & Lardner LLP on

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

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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