Steven M. Swirsky, Member of the Firm, and Genevieve M. Murphy-Bradacs, Senior Counsel, in the Employment, Labor & Workforce Management practice, in the firm’s New York office, co-authored an article in Law 360, titled “Inside the NLRB’s General Counsel Memo on Boeing.” (Read the full version – subscription required.)
Following is an excerpt:
In the case of The Boeing Company, decided Dec. 14, 2017, the National Labor Relations Board announced that going forward, it would use a new balancing test, taking into consideration both the right of employers to maintain productivity and discipline in their businesses and the potential negative impact on employees’ ability to exercise their Section 7 rights under the National Labor Relations Act. Boeing also established new standards for determining whether “facially neutral workplace rules, policies and employee handbook standards unlawfully interfere with the exercise” of employees rights protected by the National Labor Relations Act.
On June 6, 2018, NLRB General Counsel Peter Robb issued a general counsel memorandum, Guidance on Handbook Rules Post-Boeing, that provides further clarification for employers, unions and other interested persons as to how the general counsel understands the board’s holdings in the Boeing case, and how he expects the agency’s regional directors to apply Boeing when considering unfair labor practice charges that present issues concerning work rules and handbook policies.