EMPLOYEE HANDBOOKS POST-BOEING – New Balancing Test
In June, National Labor Relations Board General Counsel Peter Robb issued a memorandum further discussing the Board’s decision in Boeing. The Boeing decision created a balancing test to review employee handbooks to determine whether or not the employee policies were interfering with an employee’s right to organize or begin such a process. Per GC Memo 18-04, Robb stated that the NLRB Regions generally should consider the following types of rules lawful (absent special circumstances or unlawful application), and therefore treat them as “Category 1” under the Board’s Boeing framework.
- Civility rules, courtesy rules, and rules prohibiting disparagement of coworkers
- No-photography and no-recording rules
- Insubordination, noncooperation, and refusal to cooperate rules
- Disruptive behavior rules
- Rules prohibiting the disclosure of confidential, proprietary, and customer information (so long as no reference is made to “employee” or “wage” information)
- Rules prohibiting defamation/misrepresentation
- Rules prohibiting using employer’s logos or intellectual property
- Rules requiring authorization to speak on behalf of the Company
- Rules prohibiting disloyalty, nepotism, or self-enrichment
Robb’s full memorandum is attached.
GC 18_04 Guidance on Handbook Rules Post_Boeing.pdf