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ARTICLE · 24 AUGUST 2012

Recent Notable National Labor Relations Board Decisions

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While many have been enjoying well deserved summer vacations, the National Labor Relations Board ("NLRB") has been busy.

United StatesEmployment and HR
James Hays
James Hays
Rebecca Hirschklau
Rebecca Hirschklau
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While many have been enjoying well deserved summer vacations, the National Labor Relations Board ("NLRB") has been busy. In the past two weeks the NLRB has issued decisions regarding investigative confidentiality directives and the permissible scope of the well-recognized "at-will" statement.

A. Confidentiality Directives During Internal Investigations

In Banner Health Systems d/b/a Banner Estrella Medical Center and James Navarro, 358 NLRB 93 (2012), the National Labor Relations Board ("NLRB") declared that a blanket statement to employees that the contents of a complaint and/or investigation should not be discussed with co-workers was in violation of Section 8(a)(1) of the National Labor Relations Act ("NLRA") as restrictive of an employee's rights arising under Section 7 of the NLRA. 1

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