Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: harassment

NLRB Affirms that Employers May Prohibit Employees from Discussing Ongoing Investigations

Posted in Employee Discipline
Hard to believe these days, but non-Covid-19-related developments do still pop up from time-to-time.  Last week, the NLRB gave us one on an issue the employer community has closely watched:  whether an employer can instruct employees to keep an open internal investigation confidential. The NLRB answered with a clear “yes” in Securitas Security Services USA.… Continue Reading

NLRB Concludes Pending Workplace Investigations May Be Kept Confidential

Posted in Employee Handbooks, NLRB
As many employers know, confidentiality can be essential to performing workplace investigations.  Last month, in Apogee Retail, LLC, a 3-1 decision, the NLRB agreed.  Applying the test for facially neutral rules established in The Boeing Company, 365 N.L.R.B. No. 154 (2017) (discussed here), the NLRB held that workplace rules that require employees to keep pending… Continue Reading

NLRB Exposes Union Employees Who Submit Statements About Their Co-workers’ Conduct to Bullying, Harassment and Intimidation

Posted in NLRB
When employers investigate workplace misconduct, they often interview employees. Indeed, some investigations begin because of information provided by an employee. To help document its investigation, the employer will sometimes ask employees to provide written statements about the misconduct of other employees, and the employer might promise confidentiality of those statements. It is unfortunate, but also true, that employees… Continue Reading

NLRB Finds Vulgar and Threatening Statements Not Sufficiently Vulgar or Threatening to Warrant Termination

Posted in NLRB
By Nelson Cary and Al Kinzer While a petition to decertify a union was pending, a pro-union employee wanted to express his support for the union. In the employer’s breakroom, he encountered three different pro-union newsletters.  Impulsively, he scribbled onto each of these newsletters a different message. These included: “Dear P***ies, Please Read!” (The actual message did… Continue Reading

Employer Request for Confidentiality During Investigation of Complaint Unlawful

Posted in NLRB
An employee complains to human resources about misconduct by another employee.  Human resources begins an investigation to determine whether the complaint is true.  During its investigation, it requests that employees it interviews keep the matter confidential.  Unlawful?  Potentially so, according to the NLRB majority in Banner Health System, 358 N.L.R.B. No. 93 (2012), a decision released yesterday.  … Continue Reading