In time with the political pendulum of the National Labor
Relations Board ("NLRB"), the NLRB is poised to revisit
the legality of many standard work rules in employee handbooks.
In January, the NLRB advised it was considering revising its
approach to analyzing the legality of work rules in the
case Stericycle Inc., 371 NLRB No. 48, and it invited
interested parties and amici to submit their positions. These
briefs were due on March 7, and it is therefore anticipated that
the NLRB will issue a revised standard in the coming months.
How the pendulum swings
The NLRB is governed by a five-member Board, which acts as a
quasi-judicial body in deciding cases and providing interpretations
of the National Labor Relations Act ("NLRA"). Board
members are appointed by the President for 5-year terms. The
initiatives and direction of the NLRB shifts when the political
makeup of the NLRB shifts – specifically, when the Board
majority shifts from Democrat to Republican and
