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NLRB requires employers to turn over confidential witness statements to labor unions (NLRB Board)

U.S. Chamber's Position: 

NCLC urged the National Labor Relations Board to hold that an employer is not required to turn over to a union representative confidential witness statements the employer obtains during its investigation of employee misconduct. In its brief, NCLC urged the Board to hold that there is no statutory duty to disclose witness statements to the union prior to a labor arbitration hearing. If the employer is forced to turn over confidential witness statements, witnesses may be reluctant to give statements without an assurance that the statement will be confidential - ultimately hindering the employer's ability to conduct effective investigations.

Case Outcome: 

The NLRB three-member panel affirmed the judge's decision.

Procedural History: 

Amicus brief filed 4/1/11. Decided 12/14/12.