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Internal Investigations: NLRB Suggests Confidentiality Language

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, employers were...

NLRB "Advice" Concerning Employer Investigations

In Verso 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...

No More Busch in the Gardens: The NLRB Discards 37 Years of Precedent Protecting Witness Statements

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...