News & Analysis as of September 25, 2024

Witness Statements

+ Follow

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 -

NLRB Majority: Employer Not Required To Disclose Identity Of Bargaining Unit Informant

Proskauer - Labor Relations Update on 2/20/2019

An employer’s duty to provide information to the union representing its employees is a frequent of topic of interest to labor relations practitioners because it is very easy to violate the law. For example, an employer’s...more

Top Tips for Concluding Workplace Investigatory Interviews

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/1/2018

A truly effective workplace investigator knows how to best wrap-up an employee interview. Don’t leave loose ends or wiggle room that can later undermine the effectiveness of the overall investigation and the employer’s...more

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

The National Labor Relations Board Expands Union Access to Witness Statements

Baker Donelson on 7/15/2015

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

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

Orrick - Employment Law and Litigation on 7/15/2015

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

7 Results

View per page

Page: of 1