NLRB’s General Counsel Issues Guidance to Field on Types of Workplace Rules Likely To Be Lawful Under Board’s New “Boeing Standard”

Last year, the National Labor Relations Board (NLRB or Board) articulated a new and less restrictive standard for assessing whether facially-neutral employment policies unlawfully conflict with employee rights protected by the National Labor Relations Act (NLRA).

The decision by the Republican-majority NLRB in The Boeing Company reversed a 2004 ruling that had been applied by the Obama-era Board to challenge a wide range of employer workplace policies, including common sense policies having nothing to do with labor-management issues, on grounds that they might somehow interfere with the right of employees to engage in NLRA-protected activity.

Earlier this month, NLRB General Counsel Peter Robb issued an internal memorandum to the Board’s Regional Directors and field staff providing further insights as to how the Office of General Counsel (OGC) believes the new “Boeing standard” should be applied by enforcement staff with respect to several different types of employer policies.

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