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National Labor Relations Board › Confidential Employer Investigations › The National Labor Relations Act

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 -
Parker Poe Adams & Bernstein LLP

NLRB Says Employers Cannot Ask Employees Not to Discuss Internal Investigation

Parker Poe Adams & Bernstein LLP on

When conducting an internal investigation involving possible disciplinary violations, employers often ask participants in the investigation to maintain its confidentiality pending completion. Last month, the National Labor...more

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

Baker Donelson

NLRB marches forward with its prohibition on blanket confidentiality in HR investigations

Baker Donelson on

Extending on National Labor Relations Board (NLRB) precedent, on July 26, 2013, Administrative Law Judge Jeffrey D. Wedekind ruled that The Boeing Company's human resources (HR) investigation confidentiality policy violated...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

Eversheds Sutherland (US) LLP on

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

Ballard Spahr LLP

NLRB Continues to Take Aim at Workplace Policies as Overly Broad

Ballard Spahr LLP on

The National Labor Relations Board (NLRB) has kept its focus on workplace policies it views as overly broad with a recent decision striking down a national retailer's policy prohibiting solicitation and distribution of...more

Polsinelli

Further Guidance: NLRB General Counsel's Office Weighs In On Confidentiality During Workplace Investigations

Polsinelli on

Recently, the National Labor Relations Board's (NLRB) General Counsel Division of Advice ("Division of Advice") released a memorandum offering guidance to an NLRB Regional Director concerning employers requiring...more

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

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

Stinson LLP

Employment and Labor Law Alert: NLRB Strikes Down Many Common Employment and Social Media Policies.

Stinson LLP on

On Tuesday, just weeks after the National Labor Relations Board issued its first decision on an employer's social media policy in Costco Wholesale Corp., an administrative law judge joined in the Board's efforts to scrutinize...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

Cole Schotz

Silence is Not Golden - Employers Should Rethink Policies that Silence Employees During Internal Investigations

Cole Schotz on

In light of a recent U.S. Equal Employment Opportunity Commission (“EEOC”) communication, employers should review their internal investigation policies to ensure that they do not completely silence employees. In an August 3,...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

Orrick - Employment Law and Litigation

Recent NLRB Decisions Challenge At-Will Disclaimers and May Impact HR Investigations

Orrick - Employment Law and Litigation on

Earlier this year, in D.R. Horton, Inc., 357 NLRB No. 184 (Jan. 6, 2012), the National Labor Relations Board (“Board” or “NLRB”) held that mandatory arbitration agreements requiring all employment disputes to be resolved...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

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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

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