Board to 'carefully consider' impact on employees, requires employers to 'narrowly tailor' rules

In an Aug. 2 decision, the National Labor Relations Board (NLRB) adopted a new standard around whether a company’s policies violate employees’ right to organize.

Stericycle, Inc. and Teamsters Local 628 overrules Boeing Co. (2017), which was later refined in LA Specialty Produce Co. (2019), according to the board.

Under Sections 7 and 8(a)(1) of the National Labor Relations Act (NLRA), employers are constitutionally forbidden from preventing workers from organizing, speaking with unions, negotiating on their own terms, or any other actions to unite for mutual aid.

The Board had previously invited parties and amici to submit briefs addressing whether it should reconsider the Boeing standard.

In Stericycle, the Board explained the primary problem with the Boeing and LA Specialty Produce standard.

“Boeing gave too little consideration to the chilling effect that work rules can have on workers’ Section 7 rights,” said NLRB chair Lauren McFerran, in a statement.

“Under the new standard, the Board will carefully consider both the potential impact of work rules on employees and the interests that employers articulate in support of their rules. By requiring employers to narrowly tailor their rules to serve those interests, the Board will better support the policies of the National Labor Relations Act.”

NLRB rule gives deciding power to employees

The NLRB said in the Aug. 2 decision...

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