October 3, 2022

Volume XII, Number 276

Advertisement

September 30, 2022

Subscribe to Latest Legal News and Analysis
Advertisement

Strike One, Strike Two: The National Labor Relations Board (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.

© 2022 BARNES & THORNBURG LLPNational Law Review, Volume III, Number 212
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Adam Bartrom Employment Attorney
Partner

Adam Bartrom represents management interests in employment and labor law matters. He defends clients in litigation, and designs strategic plans and best practices in his work with business owners, executives and human resource management. Adam is dedicated to ensuring that his clients understand the rapidly changing employment environment, adhere to the law and protect themselves at every turn.

Adam’s experience includes comprehensive legal counsel in a wide variety of labor and employment areas under the NLRA, FMLA, ADA, ADEA and Title VII, including labor relations grievances and...

260-425-4629
Advertisement
Advertisement
Advertisement