NLRB Overrules Longstanding PrecedentWithholding Witness Statements Is No Longer A Bright Line Exception
Action Item: The National Labor Relations Board (NLRB) recently held in American Baptist Homes of the West d/b/a Piedmont Gardens that there is no longer a blanket exemption for witness statements from an employer's Section 8(a)(5) "general obligation to furnish information" to unions. 362 N.L.R.B. No. 139, 2015 BL 205412 (June 26, 2015). This decision overrules longstanding Board precedent, and employers must be aware of the potential new implications of taking witness statements.
In American Baptist Homes of the West, the Board overruled the almost...
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