Will the NLRB Follow the EEOC’s Lead on Disclosing Position Statements?

One of the questions asked of NLRB General Counsel Richard F. Griffin, Jr. following his presentation at this week’s meeting of the Committee on Developments Under the National Labor Relations Act of the American Bar Association was whether the National Labor Relations Board will follow the EEOC’s lead and adopt a practice of turning employers’ position statements in ULP investigations over to the unions and individuals who have filed the charges.

While his carefully phrased response was that the General Counsel’s office has not made such a decision at this time, most of those in the room took his answer to mean that this is probably going to become the Board’s practice as well in the near future.  Given the increased use of investigative subpoenas by the Board, this means that more and more employer records and documents are likely to be given to unions filing charges.  We will continue to monitor and report.