Acting just days before the term of Chairman Phillip Miscimarra ended on December 16, the National Labor Relations Board issued four decisions overturning landmark cases expending employee and labor union protections. In a single week, the NLRB returns to pre-Obama-Board standards and upends the apple cart. Each case was decided on a strict, party-line 3-2 vote. Copies of the decisions can be found here.
In The Boeing Company, the Board reversed a line of cases holding that a facially neutral work rule would be found to violate the National Labor Relations Act if employees could “reasonably construe” the rule as prohibiting conducted protected by the Act even if never applied to ban such conduct. Using this so-called “reasonably construe” standard, the Board has invalided countless work rules and policies without any showing that the rule was applied in an unlawful manner and without regard to the employer’s need for such a rule. In Boeing Company, the Board adopted a new standard and announced that going forward it will review facially-neutral workplace policies both in light of the impact such policies have on employees’ protected rights as well as the employer’s justifications for adopting the challenged policy. Continue Reading