February 7, 2017 / 11:54 AM / in 10 months

D.C. Circuit skeptical of NLRB ruling on confidentiality policy for investigations

A federal appeals court on Monday signaled it may overturn a National Labor Relations Board decision that a hospital chain’s employee confidentiality policy for internal investigations was too broad, citing a lack of evidence supporting the board’s ruling.

During oral argument at the U.S. Court of Appeals for the D.C. Circuit, members of a three-judge panel said the NLRB did not develop essential facts about Phoenix, Arizona-based Banner Health System’s confidentiality policy, particularly how it was applied.

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