NT Lakis, on behalf of the Center for Workplace Compliance (CWC), has filed a “friend-of-the-court” brief with the National Labor Relations Board (NLRB) in a case raising the question of whether the Board should reconsider its 2017 “Boeing” standard under which it uses a balancing test for determining if a workplace rule or policy violates employee rights under the National Labor Relations Act (NLRA). A return to the previous standard, under which a rule could be found unlawful if employees could “reasonably construe” its language to prohibit protected activity, would have a major impact on an employer’s ability to enforce a common-sense work rule without risking NLRA liability.
The fact that the NLRB is reconsidering the Boeing standard should be of concern to employers. With worker-friendly Biden appointees now composing the Board majority as well as a former union lawyer serving as the NLRB’s General Counsel, it’s clear that the standard is in jeopardy.
Members of the Center for Workplace Compliance (CWC) can read more here.