News & Analysis as of

The National Labor Relations Act Unions 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 -
Morgan Lewis

NLRB Limits Confidentiality in Workplace Investigations

Morgan Lewis on

In two decisions issued on June 26, the National Labor Relations Board overruled its longstanding precedent holding that employers may withhold witness statements from requesting unions and further held that general policies...more

Cozen O'Connor

The NLRB - More Rapid Fire From An Unauthorized Weapon?

Cozen O'Connor on

What a quagmire we find ourselves in. Actually, that the NLRB finds itself in. Although continuing to issue rulings and advice memoranda in a sort of free- and unfettered-looking way, the question of the NLRB’s authority to...more

Eversheds Sutherland (US) LLP

Non-Unionized Employers: The NLRB Commands Your Attention

Many non-unionized employers might be surprised to learn that they, too, are governed by the National Labor Relations Board (NLRB). In fact, in 2012, the NLRB launched a website directed at non-union employees, which details...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

Bracewell LLP

NLRB Decision Regarding Confidentiality of Employer Investigations

Bracewell LLP on

As a result of a recent ruling by the National Labor Relations Board (NLRB), non-union employers who have a practice or policy that prohibits employees from discussing ongoing internal investigations of workplace misconduct...more

Fisher Phillips

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

Fisher Phillips on

The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more

Davis Wright Tremaine LLP

NLRB Continues to Challenge Restrictions by Employers on Employee Communications

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

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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