“National Labor Relations Board’s General Counsel Issues Guidance on Employer Handbook Rules” 6/11/18
Bruce’s Summary: On June 6, 2018, the NLRB’s General Counsel issued a Memorandum (18-04) announcing a new standard for analyzing whether a work rule violates employee’s rights under the NLRA in reference to the Board’s recent holding in “The Boeing Company, 365 NLRB No. 154 (2017).
According to the author, the new standards focus on the balance between the rule’s negative impact on an employees’ ability to exercise their Section 7 rights and the rule’s connection to employers’ right to maintain discipline and productivity in their workplace.
The NLRB breaks out each of the three categories identified and gives examples of lawful rule language, unlawful language and certain rules that warrant individualized scrutiny. For those HR Professionals with responsibility for Employee Handbook revisions, you don’t usually get a detailed blue print to work from. You have one now. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.” www.calvin-associates.com