News & Analysis as of

Unions Witness Statements Arbitration

Proskauer - Labor Relations Update

Circuit Court Rejects Attack On NLRB’s New Witness Rule

During the last several years, the NLRB has overturned a great deal of existing precedent. Among other changes, the Board has required bargaining over discipline in newly organized units, found graduate students to be...more

Fisher Phillips

Disclosure Danger: Employers Still Stuck With NLRB’s Witness Statement Disclosure Standard

Fisher Phillips on

The U.S. Court of Appeals for the District of Columbia rejected the chance yesterday to revive long-held precedent which for many years had protected employer witness statements from disclosure to unions before an arbitration...more

Cozen O'Connor

2016/2017 Labor & Employment Observer

Cozen O'Connor on

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Mintz - Employment, Labor & Benefits...

NLRB Removes Blanket Exemption on Mandatory Disclosure for Witness Statements. What’s an Employer To Do?

The NLRB recently reversed 37 years of precedent in deciding to adopt a new standard for a union’s access to witness statements taken in pre-grievance arbitration employer investigations. For years, under the blanket...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Overrules Longstanding Precedent Exempting Witness Statements from Disclosure in Grievance-Arbitration Context

In yet another reversal of longstanding, bright-line precedent, the National Labor Relations Board (NLRB or Board) has changed dramatically the rule applicable to employers in responding to union information requests seeking...more

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