NLRB's Confidentiality Shift May Hinder Workplace Probes

Law360, New York (January 4, 2013, 6:25 PM EST) -- The National Labor Relations Board recently struck down a 34-year-old rule that shielded companies from having to give unions witness statements underpinning decisions to discipline workers, opting instead for a test lawyers say creates uncertainty for employers and will likely chill employee cooperation with worker misconduct probes.

In its 3-1 decision in a dispute between a union and continuing-care facility Piedmont Gardens over a worker who was fired for allegedly sleeping on duty, the NLRB on Dec. 15 dispensed with the "categorical exemption" that had protected...
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