In a noteworthy move, the National Labor Relations Board (NLRB) has issued its decision in the case of Stericycle, Inc. It sets a new legal standard governing how the Board reviews workplace rules and policies, particularly when they are contested on the grounds of impeding or curtailing employees’ National Labor Relations Act rights to participate in coordinated workplace activity, also known as “Section 7 rights”.
The decision was taken on August 2 and is expected to have significant implications for both union and non-union employers. According to the labor law experts at CDF Labor Law LLP, this decision adopts a fresh approach in evaluating workplace policies that could potentially interfere or restrict employees’ rights under Section 7 of the National Labor Relations Act.
The new ruling revolves around the need to maintain a balanced interplay between an employer’s right to manage its business and employees’ right to participate in collective activities under Section 7 of the Act. On this issue, the Stericycle decision is likely to become a central reference point in future NLRB decisions.
This adjustment in legal standards underscores the importance of employers taking a proactive approach in reviewing and updating workplace policies. Both union and non-union employers need to be vigilant of the potential implications of the Stericycle decision on their existing policies and procedures.
As the NLRB’s new Stericycle decision is still in its nascent stages, we can expect a spate of interpretations and applications in the coming months, and potentially landmark cases that will further define the ruling. It is, therefore, advisable for employers to seek legal advice to ensure they are compliant with the new standards set by the NLRB.