NLRB Confidentiality Ruling May Hamper HR Investigations

Law360, New York (August 21, 2012, 5:50 PM EDT) -- Employers may have a harder time conducting effective workplace investigations in light of a recent National Labor Relations Board decision finding the common practice of maintaining a blanket policy that prohibits employees from discussing ongoing investigations into employee misconduct violated federal labor law, attorneys say.

In a 2-1 decision that applies to both union and nonunion employers, the board ruled July 30 that a human resources consultant's routine practice of asking employees at Arizona's Banner Estrella Medical Center who were involved in investigations not to discuss...
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