The National Labor Relations Board (NLRB) has ruled an employer does not have a duty to provide a union with relevant information that contains confidential material if the union has refused the employer’s offer to bargain over ways to protect its legitimate confidentiality interests. Oncor Electric Delivery, LLC, 369 NLRB No. 40 (Mar. 6,
Confidentiality
NLRB: Investigation Confidentiality Rules Are Lawful
By Howard M. Bloom & Jonathan J. Spitz on
Overruling Banner Estrella Medical Center, 362 NLRB 1108 (2015), the National Labor Relations Board (NLRB) has held that investigative confidentiality rules are lawful Category 1 rules under The Boeing Company, 365 NLRB No. 154 (2017), where by their terms the rules apply for the duration of any investigation. Apogee Retail LLC d/b/a Unique Thrift…
Employer’s Suggestion to Employees to Avoid Discussing Internal Investigations Violates Labor Law, NLRB Finds
By Jackson Lewis P.C. on
In a case involving a health care employer, the NLRB has decided that employees’ rights to engage in protected concerted activity outweighed an employer’s interest in safeguarding internal investigations. Read about Banner Health Sys. d/b/a Banner Estrella Med. Ctr. on the Healthcare Workplace Update Blog.