A federal appeals court has rebuffed the NLRB’s attempt to require employers to post in a “conspicuous” place in a workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB’s rule has been controversial from the start because it did not simply require
As Proskauer previously reported here, in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the National Labor Relations Board (“NLRB”) reviewed an employer’s blanket policy of requiring witnesses to maintain confidentiality during workplace investigations. The Board found that such a policy chilled the right of employees to engage in the protected concerted activity of discussing such workplace concerns.