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NLRB invites briefs on witness statements
March 08, 2011 by Ross Runkel at LawMemo

The NLRB is inviting briefs on the questions:

(1) whether the Board should continue to adhere to the holding in Anheuser-Busch, Inc., 237 NLRB 982 (1978), that an employer’s duty to furnish information does not encompass the duty to furnish witness statements and, if not, what standard should be applied to requests for such statements or any other statements that an employer obtains in the course of its investigation into alleged employee misconduct; and

(2) if the statement in question is not classified as a “witness statement,” whether it nevertheless is privileged from disclosure to the union as attorney work product.

The parties and interested amici are invited to file briefs on or before April 1, 2011.



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