Unions' Right to Witness Statements Expanded: Various Documents Updated

Authors: Melissa Gonzalez Boyce, Michael Jacobson and Marta Moakley, XpertHR Legal Editors

The National Labor Relations Board (NLRB) has adopted a new standard that expands a union's right to employee witness statements in discipline investigations. Nixing a decades-old standard that allowed an employer to refuse to turn over witness statements to a union, the NLRB now requires an employer to balance the union's need for the requested information against "any legitimate and substantial confidentiality interests established by the employer."

In light of this development, the following content has been updated:

• The Alternative Dispute Resolution section of the Employment Law Manual;
• The Employee Discipline section of the Employment Law Manual;
• The Internal Investigations section of the Employment Law Manual;
• Disciplining a Union Employee - Supervisor Briefing;
• How to Conduct an Internal Investigation;
• How to Discipline a Union Member; and
• Conduct an Internal Investigation Checklist.