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ARTICLE · 20 DECEMBER 2017

The Board's Return To Civility And Common Sense Regarding Workplace Rules

Seyfarth Shaw LLP
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In a decision issued late last week, The Boeing Company, 365 NLRB No. 154 (Boeing), the newly constituted "Trump" National Labor Relations Board ("Board") ...

United StatesEmployment and HR
John Toner
John Toner
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Seyfarth Synopsis: In a decision issued late last week, The Boeing Company, 365 NLRB No. 154 (Boeing), the newly constituted "Trump" National Labor Relations Board ("Board") announced that employers could once again maintain common sense rules regarding employee conduct at the workplace.

Of all the decisions issued in recent years by the previous Board, none was more baffling than those regarding an employer's required standards of employee conduct contained in employee handbooks. These decisions were premised on a 13-year old decision in Lutheran Heritage Village-Livonia (Lutheran Heritage) which held that, in addition to an employer's policy being found unlawful if it explicitly restricted protected, concerted activities under Section 7 of the National Labor Relations Act, a policy would also be found unlawful if :

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