In a case with potentially far-reaching implications, the National Labor Relations Board has issued a decision invalidating a confidentiality policy similar to that applied by many employers during workplace investigations. Banner Health System d/b/a Banner Estrella Medical Center, 362 NLRB No. 137 (June 26, 2015). The decision recapitulates a 2012 Board determination (discussed here) which was rendered invalid by the Supreme Court’s holding in NLRB v. Noel Canning in 2014.
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