Labor: NLRB says employers cannot ban employee talks of workplace investigations

A NLRB ruling against Boeing Co. deems silencing rules a labor law violations

A recent National Labor Relations Board (NLRB) decision affirms that employers may not direct employees involved in workplace investigations to keep the details of those investigations confidential among other employees.  

In The Boeing Co., decided July 26, 2013, the NLRB held that Boeing’s policy directing employees to refrain from discussing workplace investigations with other employees violated federal labor laws. Additionally, the administrative law judge (ALJ) held that Boeing’s updated policy merely “recommending” that employees not discuss investigations was similarly unlawful.

Contributing Author

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John Kuenstler

John F. Kuenstler is a partner in the Chicago office of Barnes & Thornburg LLP and a member of the Labor and Employment Department. Mr....

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