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ARTICLE · 12 JUNE 2018

NLRB General Counsel Issues Guidance Regarding Handbook Rules

Littler Mendelson
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In The Boeing Co., 365 NLRB No. 154, the Board established a new standard governing the validity of employer rules, policies and handbook provisions under the National Labor Relations Act.

United StatesEmployment and HR
Frederick Miner
Frederick Miner
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On June 6, 2018, NLRB General Counsel Peter Robb issued a lengthy 20-page Memorandum (GC 18-04) providing detailed guidance regarding enforcement of "Handbook Rules Post-Boeing."

In The Boeing Co., 365 NLRB No. 154 (Dec. 14, 2017), the Board established a new standard governing the validity of employer rules, policies and handbook provisions under the National Labor Relations Act. The Board now considers whether a facially neutral rule, when reasonably interpreted, would interfere with rights under the Act. If so, it will strike a balance between (i) the nature and extent of the potential impact on employee rights; and (ii) legitimate justifications supporting maintenance of the rule. The Board no longer will find rules unlawful merely because they could be interpreted as covering potentially protected activities.

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