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National Labor Relations Board › Anheuser-Busch › Witness Statements

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Fisher Phillips

Can I Get A Witness (Or At Least A Witness Statement)? NLRB Rules Witness Statements Are Now Fair Game

Fisher Phillips on

For over 35 years, the National Labor Relations Board (NLRB) held that witness statements obtained by unionized employers during pre-arbitration investigations were exempt from disclosure to the union. However, on June 26,...more

Baker Donelson

The National Labor Relations Board Expands Union Access to Witness Statements

Baker Donelson on

On June 26, 2015, in a split 3-2 decision, the National Labor Relations Board (Board), overturned the 37-year-old standard protecting the confidentiality of witness statements taken by employers during workplace...more

Orrick - Employment Law and Litigation

“Unpredictable and Potentially Messy”?: NLRB Ruling Could Complicate Employers’ Workplace Investigations

Orrick - Employment Law and Litigation on

In its June 26 split decision in American Baptist Homes of the West d/b/a Piedmont Gardens and Service Employees International Union, United Healthcare Workers- West, 362 N.L.R.B. No. 139 (Case No. 32-CA-063475) (“Piedmont...more

Obermayer Rebmann Maxwell & Hippel LLP

NLRB Gives Employers a Hangover: Longstanding Anheuser-Busch decision overruled

Obermayer Rebmann Maxwell & Hippel LLP on

More than 35 years after its decision in Anheuser-Busch, Inc., 237 NLRB 982 (1978), the NLRB has reversed course and held that employers may no longer summarily reject union requests for witness statements obtained in...more

Littler

Board Overrules Longstanding Protections Against Disclosure of Witness Statements

Littler on

Since 1978, the National Labor Relations Board (NLRB) has treated witness statements as exempt from an employer’s general duty to furnish information to unions under Section 8(a)(5) of the National Labor Relations Act (NLRA)....more

Blank Rome LLP

NLRB Overrules Longstanding Precedent—Withholding Witness Statements is No Longer a Bright Line Exception

Blank Rome LLP on

Action Item: The National Labor Relations Board (NLRB) recently held in American Baptist Homes of the West d/b/a Piedmont Gardens that there is no longer a blanket exemption for witness statements from an employer’s Section...more

Franczek P.C.

NLRB Overrules Precedent; Allows Unions Easy Access to Employee Witness Statements

Franczek P.C. on

For nearly 40 years, the National Labor Relations Board has followed a bright-line rule pursuant to which an employer is privileged to withhold witness statements from unions. In its 1978 Anheuser-Busch Inc. decision, the...more

Stinson LLP

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

Stinson LLP on

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

Ballard Spahr LLP

Recent NRLB Decision Continues To Erode Confidentiality Protection for Workplace Investigations

Ballard Spahr LLP on

The National Labor Relations Board (NLRB) recently overruled its longstanding precedent that categorically protected confidential witness statements taken during internal disciplinary investigations from disclosure to a...more

Sherman & Howard L.L.C.

Witness Statements No Longer Exempt from Production to Union

Sherman & Howard L.L.C. on

Employers who obtain witness statements in anticipation of litigation or grievances often contend the statements are exempt from the duty to provide information to the union, relying on the NLRB's 1978 decision in...more

Cozen O'Connor

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

Cozen O'Connor on

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

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