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.


RELATED ARTICLES

NLRB Offers Some Pandemic Labor Law Clarity

August 12, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

NLRB OK’s Employer’s Moonlighting Ban

August 5, 2020 | Labor Relations, National Labor Relations Board

NLRB Moves to Protect Employee Privacy (And More) During Union Elections

July 28, 2020 | Labor Relations, National Labor Relations Board

NLRB Signals Potential Rewrite of Contract Bar Doctrine

July 10, 2020 | Labor Relations, National Labor Relations Board

Labor Board’s Top Lawyer Outlines Potential Procedures For Live Union Elections

July 8, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

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.