This week marked a significant turn in workplace policies as conveyed by the National Labor Relations Board (“NLRB”). In a bid to reinforce employer work rules, the board has taken the initiative to introduce stricter standards. When challenged, the benchmark will help ascertain if such rules are “facially unlawful” in the purview of Section 8 (a) (1) of the National Labor Relations Act (“NLRA”).
This standard is a progressive move from the original standard outlined in the Lutheran Heritage Village-Livonia case, paving the way for a more concrete system to mitigate workplace rule violations.
The rule is based on a two-pronged assessment method. The first factor involves gauging if the rule in question would reasonably be interpreted to impede NLRA rights. If met, the second factor analyses whether any probable negative impact on NLRA rights is outweighed by justifiable business reasons.
The enforcement and interpretation of workplace rule policies have often drawn distinct lines in the legal sand. With this new stride, the landscape appears headed for clarity – veering from vagueness to a more transparent and predictable panorama.
This development, as outlined by Dinsmore & Shohl LLP, is likely to set the new tone for large-scale corporations and firms, compelling them to focus on detailed rule writing and implementation. For many, this may necessitate a revisitation of their conduct code, resulting in potentially comprehensive edits to their existing employer work rules.
While the full effect of the NLRB’s new standards remains to be seen, it’s clear that companies will need to take immediate action to remain compliant. As such, employers should seek the services of trained legal personnel to help navigate any legal obstacles that may arise.