In July 2012, the National Labor Relations Board held
that a blanket approach and policy requiring confidentiality during all
internal workplace investigations violates employees' concerted activity rights
under Section 7 of the National Labor Relations Act (NLRA). As a result,
Paper , the Division of Advice reviewed an employer's confidentiality rule
and found it to be unlawfully overbroad. The rule was overbroad because it did
not provided for confidentiality on a case by case basis consistent
with the Board's ruling in Banner Health System , 358 NLRB...
by Mark C. Dean
Recently, the National Labor Relations Board (“NLRB”) officially overruled longstanding protections against disclosure of witness statements taken by employers during an internal workplace investigation. Since 1978, the Board has maintained that the general duty on an employer...