Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: investigation

Rapid Reversals: Acting NLRB General Counsel Issues Flurry of Rescissions Days after Unprecedented Ousting of Predecessor

Posted in NLRB, Unions
Acting General Counsel Peter Sung Ohr has wasted no time in reversing course at the NLRB’s General Counsel office.  Yesterday, less than two weeks after President Biden’s unprecedented removal of the NLRB’s GC, AGC Ohr issued a memorandum (GC 21-02) to the NLRB’s regional offices. The memorandum rescinds several general counsel memoranda issued by former… 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

Cry “Solidarity” and Let Loose the NLRB: A Significant Expansion of the NLRA’s Protections

Posted in NLRB
A recent NLRB decision will likely result in a significant expansion of the activity the NLRA protects. The case, Fresh & Easy Neighborhood Market, Inc., 361 N.L.R.B. No. 12 (2014) (pdf), arose from a complaint about sexual harassment. A female employee – Elias – placed a message on a whiteboard at the request of her supervisor. A word… Continue Reading

Guidance on Legality of Employer Policies Regarding Confidentiality During Investigation of Workplace Misconduct

Posted in NLRB
By Nelson Cary and Natalie McLaughlin Last year, the NLRB issued a controversial decision in Banner Health System, 358 N.L.R.B. No. 93 (2012), finding that an employer violated the NLRA by prohibiting employees from discussing ongoing investigations of employee misconduct. The NLRB found that “[t]o justify a prohibition on an employee discussion of on-going investigations,… 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

NLRB Member Flynn Resigns

Posted in NLRB
Over the Memorial Day weekend, the NLRB announced that Member Flynn (R) will resign effective on July 24, 2012.  At the same time, Member Flynn recused himself from all on-going NLRB business.  He also asked President Obama to withdraw his nomination to the NLRB (Member Flynn was one of three individuals given recess appointments to the NLRB earlier this… Continue Reading