The National Labor Relations Board, in
Banner Health Systems d/b/a Banner Estrella Medical Center, recently obtained a
favorable administrative law ruling stating that confidentiality requirements
surrounding workplace harassment investigations violate the National Labor
Relations Act. In particular, the administrative law judge found that employer
demands regarding the protection of witnesses and statements by employees could
prevent the discussion of workplace concerns (between employees) and thereby
limit union organizing. In effect, the Board was arguing that allowing
confidential investigations under specific EEOC guidelines has the unintended
consequence of precluding speech that may be necessary for union
organizing.....To Read More.....
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