loader
Page is loading...
generic_insight_detail

Strike One, Strike Two: The NLRB Knocks Down Another Confidentiality Policy


Employers suffered another blow late last week when an ALJ struck down Boeing's confidentiality policy (strike one) and a revised confidentiality policy (strike two). Boeing's initial policy "directed" witnesses in HR investigations not to discuss the investigated matter with co-workers (limiting the discussion to investigators and union representatives). The ALJ struck down the initial policy based upon the Board's relatively recent decision in Banner Estrella Medical Center. However, more troubling, was the ALJ striking down the company's revised policy which merely "recommended" that employees refrain from discussing ongoing investigations with co-workers. The ALJ found that the revised policy could be interpreted as a request for confidentiality and it did not notify the employee that the confidentiality recommendation could be disregarded.

The ALJ acknowledged the company's legal arguments, however he stated that he was bound by the NLRB precedent. Boeing announced that it intends to appeal the ALJ's determination which can be found here.


LEAVE YOUR COMMENT

RELATED ARTICLES

This is the Clause That Never Ends, It Goes on and on, My Friends

August 19, 2019 | Labor Relations, National Labor Relations Board

NLRB Says Employers Can Change Arbitration Agreements After Being Sued

August 15, 2019 | Labor Relations, National Labor Relations Board

NLRB Reveals Proposed Regulations Revamping Election Procedures

August 9, 2019 | Labor Relations, National Labor Relations Board

Labor Board: Executive’s Comments Did Not Unlawfully Create the Impression of Surveillance

August 1, 2019 | Labor Relations, National Labor Relations Board

Shakeup at the NLRB

July 25, 2019 | Labor Relations, National Labor Relations Board

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
NLRB
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.