Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: misconduct

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

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