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

Back To Normal? Labor Board To Restart Union Elections

April 2, 2020 | Labor Relations, National Labor Relations Board

Labor Board Finalizes Rule Changes to Enhance Employee Free Choice

April 1, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Can You Conduct Collective Bargaining By Phone or Teleconference In the Age of Coronavirus?

March 26, 2020 | Labor Relations, National Labor Relations Board

NLRB Delays New Election Rule in Response to AFL-CIO Challenge

March 24, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

NLRB Suspends All Union Elections Until April 3 In Light Of Pandemic

March 19, 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.