Lawyers Spar Over NLRB’s Witness Statement Ruling
The NLRB overturned a landmark 1978 decision regarding witness statement availability and confidentiality in a recent ruling regarding American Baptist Homes, a senior care facility in California. The NLRB ruled that unions should be given access to witness statements that were previously unavailable to them because they are relevant pieces of evidence and should be on the table to allow for greater transparency in grievance proceedings. The 2015 Piedmont Gardens decision has incensed the employer, but the Board has responded to the care facility’s outrage by asserting that the employer does not have the authority or justification to challenge its order, even as they try to take the case to the D.C. Circuit Court of Appeals.
See "Lawyers Spar Over NLRB’s Witness Statement Ruling", Lawrence E. Dubé, Bloomberg BNA, June 24, 2016