loader
Page is loading...
Print Logo Logo
generic_insight_detail

Second Time’s the Charm? NLRB to Reconsider Lawfulness of Restaurant’s Work Rules Under New Standard


Employers received great news from the National Labor Relations Board (NLRB) late last year when the agency announced that it was revising its standard for evaluating the lawfulness of employer personnel policies under the National Labor Relations Act (NLRA), and that ruling – a ruling that likely will result in more workplace policies being upheld – appears to already be paying dividends. On Jan. 29, the U.S. Court of Appeals for the D.C. Circuit granted a request from the NLRB to have a case remanded back to the agency in which the board had found several of a restaurant’s work rules to be in violation of the NLRA. Specifically, the NLRB had ruled that the employer’s rules pertaining to things like “positive culture” and “online communications” were unlawful under its old standard. The outcome may be different in light of the NLRB’s newly enunciated test, so second time may be the charm in light of the fact that the board will re-evaluate the disputed rules under its new standard. The NLRB’s prior standard with respect to personnel policies barred such policies and rules where they could be “reasonably construed” by employees to prohibit the exercise of their rights under the NLRA. The Obama board frequently used that standard in invalidating numerous handbook policies over the years from social media policies to rules limiting recording devices and more. Federal courts, at times, reigned in the agency’s rulings. Under the NLRB’s new standard, in many circumstances, the board now will evaluate two things: 1) the nature and extent of the potential impact on NLRA rights, and 2) legitimate justifications associated with the rule. The fact that the NLRB now will be giving weight to employers’ justifications, at least in some cases, is welcome news. Stay tuned for further developments on this front.


RELATED ARTICLES

Federal Judge Says President Can Fire NLRB General Counsel

July 16, 2021 | Labor Relations, National Labor Relations Board

How Long Does It Take To Negotiate A Union Contract?

July 13, 2021 | Labor Relations, National Labor Relations Board, Union Organizing, Unions and Union Membership

Squeaky COVID Wheel Doesn’t Get the Grease

July 8, 2021 | Labor Relations, National Labor Relations Board

Supreme Court Favors Employer Property Rights Over Union Access To Employees

June 30, 2021 | Labor Relations, Union Organizing, National Labor Relations Board

Coming Soon to a Workforce Near You: The NLRB

June 22, 2021 | Labor Relations, National Labor Relations Board, Union Organizing

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
nlra
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.