NLRB To Reconsider (and Reverse?) Two Major Pro-Employer Rulings

The National Labor Relations Board (NLRB or Board), with Biden-appointed Democrats now composing the majority, has issued two “requests for briefing” – essentially inviting friend-of-the-court briefs – to address whether it should reconsider (and potentially reverse) two major pro-employer rulings issued by the Republican majority Board during the Trump Administration. As described in more detail below, these cases deal with issues of importance to both unionized and non-union employers, and are likely to have a major impact if reversed.

The first invitation for input, which arises in the case of Stericycle, Inc., Case No. 04-CA-137660, asks whether the Board should reconsider the “Boeing” standard, established in 2017, a balancing test for evaluating whether an employer’s workplace rule or policy violates employee rights under the National Labor Relations Act (NLRA). The second invitation for input, which arises in the case of The Atlanta Opera, Inc., Case No. 10-RC-276292, asks whether the Board should reconsider the standard for determining whether a worker is an employee or an independent contractor under the NLRA.

Members of the Center for Workplace Compliance (CWC) can read more here.