It is not uncommon for a witness to say to an interview investigator, “I can tell you what happened, but you can`t tell anyone” or “You can`t tell my superior” or “I don`t want anyone to know that I told you.” An important rule for investigators is to promise nothing to anyone. For privacy requests, this rule is particularly important for three reasons. However, labour professionals should consider a significant caveat to the operation of the NLRB. If a confidentiality rule is not limited to an open investigation, the NLRB treats the rule as a Class 2 rule under Boeing. Therefore, an employer must demonstrate that legitimate justifications outweigh the potential negative effects on the rights of the NRA after the investigation. The NRL referred the matter to an ALJ to balance competing interests as necessary, as the disputed rule remains silent as to the length of the confidentiality obligation. In 2015, the Obama-era NNRB reversed a well-lit precedent for confidentiality in work investigations at Banner Estrella Medical Center. In that decision, the National Labor Relations Board (NLRB) asked employers to decide, on a case-by-case basis, whether the imposition of confidentiality during a particular workplace investigation unfairly violated workers` legal rights under the National Labor Relations Act (NLRA) to discuss the terms of their employment. Given the position of the NLRB, an employer`s general confidentiality requirement is risky for all investigations. However, when the examiner decides, during a given investigation, that there are legitimate grounds for a duty of confidentiality, witnesses should be ordered not to discuss the workplace investigation.
You should give this instruction only after concluding that there is a legitimate justification in the circumstances of the case. When issuing this instruction to witnesses, be sure to explain the reasons for the trial. The Board of Directors found that the rules do not prohibit employees from discussing discipline or incidents that could lead to discipline.