News & Analysis as of September 19, 2024

Witness Statements

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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 -

Circuit Court Rejects Attack On NLRB’s New Witness Rule

Proskauer - Labor Relations Update on 6/8/2017

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

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

Fisher Phillips on 6/8/2017

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

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

Mintz - Employment, Labor & Benefits... on 7/28/2015

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

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

Blank Rome LLP on 7/8/2015

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

NLRB Limits Confidentiality in Workplace Investigations

Morgan Lewis on 7/8/2015

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

Recent NRLB Decision Continues To Erode Confidentiality Protection for Workplace Investigations

Ballard Spahr LLP on 1/11/2013

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

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