NLRB Ruling Could Gum Up Employers' Workplace Probes

Law360, New York (July 6, 2015, 9:50 PM EDT) -- The National Labor Relations Board recently nixed a 37-year-old standard that protected employers from handing over witness statements to unions in discipline cases, instead adopting a test management-side attorneys say could discourage employee cooperation with probes into misconduct and create uncertainty for employers.

In a 3-2 split decision on Wednesday in a case involving the termination of a continuing care facility employee for alleged misconduct, the NLRB tossed the well-aged blanket exemption precedent in place since a 1978 NLRB case involving Anheuser-Busch in favor of a test articulated in the U.S. Supreme Court’s 1979 decision in Detroit Edison v. NLRB that...

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