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NLRB: Investigation Confidentiality Rules Are Lawful

By Howard M. Bloom & Jonathan J. Spitz on December 18, 2019
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Overruling Banner Estrella Medical Center, 362 NLRB 1108 (2015), the National Labor Relations Board (NLRB) has held that investigative confi­dentiality rules are lawful Category 1 rules under The Boeing Company, 365 NLRB No. 154 (2017), where by their terms the rules apply for the duration of any investi­gation. Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (2019). Where a rule does not, on its face, apply for the duration of any investigation, a determination is made whether one or more legitimate justifications exist for requiring confidentiality even after an investigation is over. If legitimate justifications exist, a determination is then made whether those justifications outweigh the effect of requiring post-investigation confidentiality on employees’ exercise of their Section 7 rights.

Watch our website for a more extensive analysis of the decision.

Photo of Howard M. Bloom Howard M. Bloom
Read more about Howard M. BloomEmail
Photo of Jonathan J. Spitz Jonathan J. Spitz

Jonathan J. Spitz is a principal in the Atlanta, Georgia, office of Jackson Lewis P.C. and co-leader of the firm’s Labor Relations practice group.

Read more about Jonathan J. SpitzEmail
  • Posted in:
    Employment & Labor
  • Blog:
    Labor & Collective Bargaining
  • Organization:
    Jackson Lewis P.C.

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