Court of appeals slaps labor board over employee interrogation rights

Labor Daze

By Frank J. Saibert

Frank J. Saibert is a partner in the labor and employment practice at Nixon, Peabody LLP. He represents public- and private-sector employers nationwide in labor relations and employment matters. He is past president of the Chicago chapter of the National Human Resources Association and a former Lyons Township committeeman. He can be reached at fjsaibert@nixonpeabody.com.

Posted May 22, 2017 1:48 PM

The U.S. Court of Appeals for the District of Columbia Circuit last month unanimously reversed a National Labor Relations Board ruling pertaining to employee rights during an employer’s interrogation of an employee for alleged misconduct. Bellagio LLC v. NLRB, No. 15-1390 (D.C. Cir. April 25, 2017).Gabor Garner worked as a bellman for the Bellagio Hotel in Las Vegas and was represented by a culinary workers union affiliated with Unite Here.On May 12, 2013, a hotel guest complained to the Bellagio that Garner had …

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