When "Let's Keep It Quiet" Is An Unfair Labor Practice

On July 30, 2012, the National Labor Relations Board (NLRB) issued a bad decision for any employer that expects employees to maintain the confidentiality of internal investigations (such as investigations of employee misconduct, allegations of discrimination, and the like). In Banner Health System the Board held that a blanket rule prohibiting employees from discussing an ongoing investigation violated their legal rights, unless "legitimate and substantial justification exists."

Background

Jo Ann Odell, a human resources consultant for Banner Health System, routinely asked employees participating in an internal investigation not to discuss the investigation among themselves while it was ongoing. Consistent with her practice, Odell made this request of Banner employee James Navarro, who was interviewed in connection with a charge of insubordination.