Stericycle Brings Us Full Circle

Late summer brings picnics, hiking, and general fun. It also brings a slew of NLRB decisions as the agency's fiscal year comes to an end on September 30. One of the more highly-anticipated decisions concerns the lawfulness of employer work rules. On August 1, 2023, the National Labor Relations Board (Board) issued a decision in Stericycle, Inc., 372 NLRB No. 113 (2023) overruling existing precedent and establishing a stricter test that may render some existing work rules facially unlawful. Stericycle, which had been briefed and pending for over a year, brings us full circle by returning to an earlier (and modified!) test.

Existing Precedent: Boeing

In The Boeing Company, 365 NLRB No. 154 (2017) (Boeing), the Board established a balancing test between the potential impact on the employee's rights under Section 7 of the National Labor Relations Act (NLRA) and the employer's legitimate justifications associated with the rule. The Board set forth three categories to