News & Analysis as of September 22, 2024

National Labor Relations Board › Balancing Test

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

Handbooks and Policies - Time to Revise Them After NLRB Ruling, or Another Pendulum Swing?

Lathrop GPM on 8/31/2023

The answer after the Stericycle ruling is likely “both.” As the composition of the NLRB (National Labor Relations Board) changes, the roller coaster continues, making it difficult for businesses – whether private,...more

NLRB Sets New Standard for Evaluating Workplace Rules

Venable LLP on 8/29/2023

On August 2, 2023, the National Labor Relations Board (NLRB) issued a decision in Stericycle, Inc., 372 NLRB No. 113 (2023), which creates a new standard for evaluating whether a company's workplace rules violate the National...more

Employer Work Rules Need Review Due To NLRB Strict New Standard

Laner Muchin, Ltd. on 8/22/2023

On August 2, 2023, the National Labor Relations Board (NLRB) issued its decision in Stericycle, Inc., in which it articulated its new standard for evaluating whether employer work rules are impermissible under the National...more

Is Your Employee Handbook Legal Under The NLRA? Yet another new opinion from the Board says maybe not

Stokes Wagner on 8/22/2023

On August 2, the National Labor Relations Board issued its decision in Stericycle, Inc., 372 NLRB No. 113 (Aug. 2, 2023), announcing yet another test for determining whether employer policies that are facially neutral might...more

Reversing an Earlier Decision, the NLRB Insinuates Itself Further Into the Non-Union Workplace

Nutter McClennen & Fish LLP on 8/21/2023

In Stericyle, Inc., issued on August 2, 2023, the National Labor Relations Board (NLRB) discarded an earlier decision and established a new test for determining whether an employer’s work rule constitutes an unfair labor...more

NLRB’s New Work Rules Standard Skews in Favor of Employees and Unions

Miles & Stockbridge P.C. on 8/16/2023

On Aug. 2, the National Labor Relations Board (NLRB) set a new standard to evaluate facially neutral work rules in union and nonunionized workplaces when it issued a much-anticipated decision in Stericycle, Inc., 372 NLRB No....more

NLRB Revises Test for Evaluating Workplace Policies

Bracewell LLP on 8/9/2023

On August 2, 2023, in Stericycle, Inc. (Stericycle), the National Labor Relations Board (the Board) revised the test for determining whether an employer’s workplace policies comply with the National Labor Relations Act (the...more

Employers, Check Your Handbooks: New NLRB General Counsel Sets Course

Verrill on 10/5/2021

On August 12, 2021 National Labor Relations Board (NLRB) General Counsel Abruzzo published her first memo setting forth the NLRB’s priorities. The memo identifies recent cases where the Board overruled past legal precedent in...more

NLRB Solidifies Boeing and Provides Guidance on Employer Workplace Rules

Epstein Becker & Green on 10/16/2019

As discussed in previous blog posts and articles, the National Labor Relations Board (NLRB), in Boeing Co., overruled past precedent that had resulted in the invalidation of “commonsense [workplace] rules and requirements...more

What’s the Deal with Employee Handbook Rules?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/31/2018

Recent cases and guidance from the National Labor Relations Board signal a shift in the standards for determining the legality of employer work rules. In this episode, Ruthie Goodboe from our Pittsburgh and Detroit (Metro)...more

The National Labor Relations Board Expands Union Access to Witness Statements

Baker Donelson on 7/15/2015

On June 26, 2015, in a split 3-2 decision, the National Labor Relations Board (Board), overturned the 37-year-old standard protecting the confidentiality of witness statements taken by employers during workplace...more

Employment And Labor Law Alert: The National Labor Relations Board Changes Course - Witness Statements Obtained During Workplace...

Stinson LLP on 1/14/2013

Until recently, the National Labor Relations Board's decision in Anheuser-Busch, 237 NLRB 982 (1978), was clear: employers were not obligated to provide witness statements collected during workplace investigations to the...more

Witness Statements No Longer Exempt from Production to Union

Sherman & Howard L.L.C. on 1/10/2013

Employers who obtain witness statements in anticipation of litigation or grievances often contend the statements are exempt from the duty to provide information to the union, relying on the NLRB's 1978 decision in...more

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National Labor Relations Board › Balancing Test

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