The NLRB recently overturned a 37-year-old standard that protected employers from handing over employee witness statements to unions during workplace investigations. Under the earlier standard, employers could promise employees that their witness statements would remain confidential. Now, employers can’t promise confidentially because the NLRB will balance the union’s need for information against the employer’s substantial and legitimate need to keep the witness statements private. Unfortunately, the NLRB’s balancing test could discourage employees from cooperating during workplace investigations because employers may have a tough time proving that the employee witness statements should remain confidential. This isn’t over. The employer in the case, California-based Piedmont Gardens, appealed the NLRB’s decision.