![]() ![]() The Board’s invalidation of the Confidentiality Agreement was reasonable and supported by substantial evidence, and we therefore grant the application for enforcement on that issue. Such investigative nondisclosure policies, the Board held, may only be applied on a case-by-case basis following a threshold determination that confidentiality is necessary to the particular investigation. The Board also determined that Banner unlawfully maintained a categorical policy of asking employees not to discuss certain kinds of human resources investigations. The National Labor Relations Board concluded that petitioner Banner Health’s Confidentiality Agreement unlawfully barred its workers from sharing information at the heart of labor law’s concern: information about salaries and employee discipline. PILLARD, Circuit Judge: This case requires us to decide whether an employer’s effort to keep certain information confidential ran afoul of its employees’ established rights under federal labor law to share employment-related information with one another in an effort to improve their lot. Opinion for the Court filed by Circuit Judge PILLARD. Before: PILLARD, Circuit Judge, and EDWARDS and SILBERMAN, Senior Circuit Judges. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, and Usha Dheenan, Supervisory Attorney. Heller, Attorney, National Labor Relations Board, argued the cause for respondent. Stone were on the brief for amicus curiae Association of Corporate Counsel in support of petitioner. Maurice Baskin and Elizabeth Parry were on the joint brief for amici curiae for American Hotel & Lodging Association, et al. ![]() NATIONAL LABOR RELATIONS BOARD, RESPONDENT Consolidated with 15-1309 On Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board Mark G. 15-1245 BANNER HEALTH SYSTEM, DOING BUSINESS AS BANNER ESTRELLA MEDICAL CENTER, PETITIONER v. ![]() United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued FebruDecided MaNo. ![]()
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