Labor Relations Update

Tag Archives: investigations

Busy Board Returns to Rule Permitting Workplace Confidentiality Restrictions during an Employer’s Investigation

By Mark Theodore, Joshua Fox and Dominique Kilmartin on Posted in Confidentiality, Employer policies, Investigations, NLRA, NLRB, Protected activity, Section 7, Section 8(a)(1), Witness statements, Workplace Investigations
As anticipated, in one of the last decisions before the end of Member McFerran’s term, the NLRB issued another important opinion.  Reverting back to precedent that preceded a 2015 decision, the Board, in Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (2019), held that an employer’s confidentiality restrictions for information relating to … Continue Reading

NLRB Decision Complicates Investigations in the Workplace

By Ronald Meisburg on Posted in Uncategorized
Employers routinely conduct investigations of workplace misconduct or other incidents.  When doing so, many will direct employee witnesses or complainants not to discuss the investigation with other employees.  There are a number of legitimate reasons for this, all aimed at protecting the integrity of the investigation and facilitating the search for the truth.  A recent … Continue Reading
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