A recent decision from the National Labor Relations Board involving Harvard University serves as a reminder that employers conducting sensitive workplace investigations, particularly those implicating harassment or discrimination concerns, must carefully navigate overlapping obligations under federal labor and employment laws. While the ruling arose under the National Labor Relations Act, the Board’s reasoning underscores potential friction with confidentiality considerations that frequently arise in matters governed by Title VII.

Factual Background

The dispute stemmed from a workplace investigation involving members of Harvard’s campus police department. After the University completed an internal investigation into alleged misconduct, disciplinary action was imposed against a bargaining-unit employee. The union representing Harvard’s police officers, the Harvard University Police Association, requested access to the investigative report and related materials, asserting that the information was necessary to evaluate the discipline and determine whether to pursue a grievance.

Harvard declined to provide the requested materials in full, citing concerns about confidentiality and the sensitive nature of the underlying allegations. The union then filed an unfair labor practice charge, alleging that Harvard’s refusal interfered with the union’s statutory right to relevant information needed to fulfill its representational duties.

What the Board Found

An NLRB administrative law...

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