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Confidential Employees and the National Labor Relations Act


NLRB Resumes Attack on Confidentiality and Nondisparagement ...

This week, the National Labor Relations Board overturned Trump-era precedent and returned to its previous hostility to confidentiality and ...

NLRA Limits on Non-Disparagement & Confidentiality Provisions

The Board also held that merely offering an agreement with such provisions to an employee is unlawful, even if the employee does not sign it or the employer ...

National Labor Relations Act (NLRA) | Wex - Law.Cornell.Edu

The NLRA establishes a procedure by which employees can exercise their choice whether or not to join a union in a secret-ballot election conducted by the ...

NLRB Says No to Confidentiality, Nondisparagement Provisions in ...

The National Labor Relations Board issued another ground-breaking decision on February 21, 2023, ruling that confidentiality and nondisparagement agreements ...

National Labor Relations Board: Non-Disparagement ...

Specifically, NLRB 58 (2023), the Board held that a severance agreement that included broad non-disparagement and confidentiality clauses ...

The National Labor Relations Board Redefines and Restricts " by ...

The National Labor Relations Act (NLRA) ... labor relations policies (confidential employees)--because of their close affiliation with management.

NLRB Puts Employment Handbooks Under More Scrutiny

decision, the NLRB held that an employer's facially neutral work rule or policy could be found to violate an employee's National Labor Relations ...

Employment Law Updates - Walsh Colucci Lubeley Walsh

In August of 2023, the NLRB ruled in Stericycle, Inc., 372 NLRB No. 113 (2023), that an employer violated Section 8 of the NLRA by maintaining certain rules for ...

We Knew This Was Coming: NLRB General Counsel Recommends ...

The Board should not presume that employees are aware of their rights under the NLRA. · The Board should presume that employees will likely ...

NLRB Division of Advice Pans Personal Cell-Phone Rule, Okays ...

The Office of the General Counsel of the National Labor Relations Board (NLRB) recently released an advice memorandum upholding an employer's dress-code, ...

Are you required to provide confidential information to your union?

Legal commentators have also recognized that a "labor relations privilege" is currently developing, which privilege could be used by employers to argue that ...

Union and Protected Concerted Activity - Employer.gov

However, employers typically may uniformly enforce certain neutral confidentiality rules that do not refer to employee information or working conditions. For ...

The NLRB Restricts the Use of Non-Disparagement and ... - SixFifty

The NLRB ruled that employers can't require employees to waive rights under the National Labor Relations Act as part of severance agreements ...

Q&A Regarding the NLRB's Decision on Confidentiality and Non ...

Employers should weigh the benefit of a protective confidentiality and non-disparagement provision against the risk of an employee or union ...

Managerial / Confidential - The Office of Collective Bargaining

A confidential employee has access to confidential information concerning labor relations and/or personnel matters to such an extent that their inclusion in ...

NLRB Requires Changes to Employee Severance and Other ...

Section 7 of the NLRA permits employees, regardless of whether unionized, to engage in concerted activities for their mutual aid and protection.

National Labor Relations Bombshell: The NLRB Cracks Down on ...

In McLaren Macomb v. Local RN Staff Council, 372 NLRB No. 58 (2023), the NLRB found that non-disparagement and confidentiality provisions, which ...

Employers Must Examine the Scope of Their Confidentiality and Non ...

The National Labor Relations Board (“NLRB”) recently ruled that overly broad non-disparagement and confidentiality provisions in a severance ...

NLRB Questions Confidentiality and Nondisparagement Provisions ...

Specifically, through its enforcement of Section 7 of the National Labor Relations Act (the “NLRA”), the Board also acts to prevent and remedy ...

The National Labor Relations Act (NLRA) - CRS Reports

Unions argue that card check certification is less costly than a secret ballot election. Employers maintain that unionization may be more costly to workers, ...