On Aug. 2, the National Labor Relations Board (NLRB) overruled a prior 2017 decision, Boeing, that had afforded flexibility for employer policies, and also overturned clarifying opinions, including Apogee Retail, that had followed Boeing. We've gathered articles on the new ruling, Stericycle, from SHRM Online and other media outlets.
Balance Tilted Toward Employee Rights
The board ruled that certain categories of work rules—such as investigative-confidentiality rules, nondisparagement rules and rules prohibiting outside employment—are not always lawful to maintain. The primary problem with the standard from Boeing is that it permits employers to adopt overbroad work rules that chill employees' exercise of their rights under the National Labor Relations Act (NLRA), the NLRB said in its decision.
Boeing "gives too little weight to the burden a work rule could impose on employees' [NLRA] rights," the board stated in its opinion. "At the same time, Boeing's purported balancing test gives too much weight to employer interests. Crucially, Boeing also condones overbroad work rules by not requiring the party drafting the work rules—the employer—to narrowly tailor its rules to only promote its legitimate and substantial business interests while avoiding burdening employee rights. The standard we adopt today remedies these fundamental defects," the NLRB said.
In a dissent, NLRB Member Marvin Kaplan wrote, "Under the standard my colleagues announce, a work rule is presumptively...
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