On August 2, 2023, the Nationwide Labor Relations Board (“NLRB”) issued a call in Stericycle, Inc., through which they adopted new guidelines for evaluating whether or not the insurance policies associated to worker conduct in worker handbooks violate the Nationwide Labor Relations Act (“NLRA”).
In accordance with Stericyle, Inc., an employer’s coverage or rule that has an inexpensive tendency to relax workers from exercising their rights to have interaction in protected concerted actions for the aim of collective bargaining is illegal. Briefly, if an worker fairly interprets a coverage as limiting concerted exercise or being coercive, the coverage is presumptively illegal except the employer can rebut that presumption by displaying that the coverage advances a legit and substantial enterprise curiosity and that the employer is unable to advance that curiosity with a extra narrowly tailor-made rule.
The brand new customary in Stericycle is remarkably completely different from the earlier NLRB customary in Boeing and LA Specialty Produce Co., which didn’t require the employer to narrowly tailor its insurance policies to solely promote legit and substantial enterprise pursuits. This variation within the NLRB’s customary is among the many adjustments we will anticipate because the structure of the NLRB modified to a Democratic majority that implements President Biden’s pro-union agenda.
Employers ought to overview their worker handbooks and office insurance policies to make sure that their insurance policies will not be coercive and don’t prohibit workers’ rights to have interaction in protected concerted actions. Litigation of employer’s guidelines is an anticipated results of this new NLRB customary. So, employers ought to take this chance to look at the justifications for his or her work guidelines. If the rule restricts concerted exercise, employers ought to contact their legal professional to debate the way to enhance the language of the rule.
