• Confidentiality Policy Barring Employee from Discussing Pending Complaint with Coworkers Found Unlawful By NLRB
  • October 1, 2012 | Author: Phillip C. Bauknight
  • Law Firm: Porzio, Bromberg & Newman P.C. - Morristown Office
  • Employers beware: blanket policies prohibiting employees from discussing ongoing investigations into employee misconduct have recently been found unlawful by the National Labor Relations Board (the "Board"). In Banner Health System d/b/a Banner Estrella Medical Center and James A. Navarro, Case 28-CA-023438 (July 30, 2012), the Board found that a hospital's policy of routinely asking employees making complaints not to discuss them with their coworkers during the investigation violated Section 8(a)(1) of the National Labor Relations Act ("Act"). This determination, which was a partial reversal of the administrative law decision below, found that the hospital's "generalized concern" with protecting the integrity of its investigation was insufficient to outweigh the potential effect of the policy on an employee's rights under the Act. The Board otherwise agreed with the decision below, which found that the hospital did not unlawfully discipline the petitioner or violate his rights under the Act.