On April 16, the National Labor Relations Board released an Advice Memorandum issued in January, which directs a Regional Office to file a complaint alleging that a paper mill operator violated Section 8(a)(1) of the National Labor Relations Act by maintaining a code of conduct policy that investigations must be held in strict confidence to protect witnesses from harassment, keep evidence from being destroyed, and to prevent a cover-up.

After reviewing the policy provision, the NLRB General Counsel's Office concluded that it was overbroad and would chill employees in the exercise of their Section 7 rights to discuss discipline and discipline investigations. Instead of a blanket confidentiality policy, an employer must engage in a case-by-case analysis to show that there is a legitimate and substantial reason for confidentiality with regard to a specific investigation. Any policy describing confidentiality in investigations should include more tailored language, such as a statement that the company "may decide in certain circumstances that in order to achieve these objectives, we must maintain the investigation and our role in it in strict confidentiality. If Verso reasonably imposes such a requirement and we do not maintain such confidentiality, we may be subject to disciplinary action up to and including immediate termination." Read more.