NLRB clamps down on internal investigation confidentiality

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in Employment Law,Human Resources

by Frank P. Spada Jr., Esq., Pepper Hamilton LLP

The National Labor Relations Board (NLRB), the federal agency charged with enforcing the National Labor Relations Act (NLRA), has increased its focus on employer/employee communications.

This matters to all employers, whether or not their employees are represented by a union. Section 7 of the NLRA protects the rights of both union and nonunion employees to engage in “concerted activities,” which includes employee discussions about wages, hours or terms and conditions of employment.

Discussing investigations

In Banner Health System (358 NLRB No. 93, 2012), the NLRB found that the employer violated Section 8(a)(1) of the NLRA by instructing employees not to discuss ongoing internal investigations of employee misconduct.

Section 8(a)(1) makes it an unfair labor practice “to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7.” Befor...(register to read more)

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