Blog > NLRB and the Future of Workplace Policies
On June 8, 2018, National Labor Relations Board (NLRB) General Counsel, Peter B. Robb, released a memorandum (GC 18-04) providing guidance to regional offices under the NLRB’s decision in Boeing. Per Boeing, the NLRB evaluates facially neutral handbook policies and work rules by a balancing test of impact versus justification. Specifically, the potential impact of an employer’s (workplace and handbook) policies and work rules on employees NLRA-protected rights versus the employer’s legitimate justifications for maintaining the policy or rule.
This balancing test was broken down into the following three categories:
In the memo, the general counsel provided in-depth guidance, along with application, of the three categories of rules for regional offices to use when investigating and processing cases. For example, regional offices were directed as follows:
The guidance provides insight as to how the holding in Boeing will be applied to workplace policies, rules, and company handbooks going forward.
Read more about the NLRB Standard for Employee Handbooks. For more information or to ensure your organizations’s employee handbook and workplace policies follow proper guidelines please contact us.