loader
Page is loading...
generic_insight_detail

Employer Handbook Policies Still in the Crosshairs: NLRB Judge Strikes Down Employer’s Moonlighting Policy


In case you thought the NLRB’s December decision in Boeing Co. meant the end of the board’s uber-zealous scrutiny of employer handbook policies – think again. In Boeing Co. the board articulated an apparently less exacting standard for reviewing whether employer policies violate the act, vowing to balance employer justifications for such policies against the alleged imposition on the rights of employees from the maintenance of the policies. However, a recent decision applying the Boeing Co. standard warns employers that their policies may still be subject to strict review.   In Nicholson Terminal & Dock Co., 07-CA-187907, NLRB Administrative Law Judge Elizabeth Tafe found the employer’s policy against moonlighting without the permission of the company to be a violation of the act. Nicholson’s stated justification for ensuring its employees are well-rested and that they don’t work for competitors did not fare well against ALJ Tafe’s judgment; the judge said that requiring company permission to have outside employment was a significant imposition on the rights of employees who might want to obtain outside employment with a labor organization for the purpose of organizing. ALJ Tafe suggested that a “better tailored rule” would better serve the employer’s purposes, while not imposing as much on the rights of employees.   What Nicholson illustrates is that at least some NLRB judges continue to heavily scrutinize employer policies that are not – in their view – “narrowly tailored” enough. Perhaps the board will use this case, or one similar to it, to further clarify the new Boeing Co. standard. For now, however, employer workplace policies may continue to receive heavy scrutiny.


RELATED ARTICLES

NLRB Offers Some Pandemic Labor Law Clarity

August 12, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

NLRB OK’s Employer’s Moonlighting Ban

August 5, 2020 | Labor Relations, National Labor Relations Board

NLRB Moves to Protect Employee Privacy (And More) During Union Elections

July 28, 2020 | Labor Relations, National Labor Relations Board

NLRB Signals Potential Rewrite of Contract Bar Doctrine

July 10, 2020 | Labor Relations, National Labor Relations Board

Labor Board’s Top Lawyer Outlines Potential Procedures For Live Union Elections

July 8, 2020 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
employer handbook
employers
NLRB
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.