On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new burden-shifting standard for evaluating whether work rules infringe upon employees’ rights under Section 7 of the National Labor Relations Act (NLRA).
Employers will need to think carefully about how to defend some of their corporate policies, such as ones about cameras at a worksite, social media use, and appropriate workplace conduct, in light of a recent decision by the National Labor Relations Board (NLRB).
In Stericycle, an administrative law judge found that the employer violated the NLRA by maintaining certain policies for its employees that addressed personal conduct, conflicts of interest, and confidentiality of harassment complaints. The NLRB announced a new standard for whether work rules violate the NLRA and sent the case back to the judge to consider the ruling in light of the new standard.
Under that standard, if an employee could reasonably interpret the work rule to have a coercive meaning, the NLRB general counsel would have met her burden to prove that the rule has a reasonable tendency to chill employees from exercising their NLRA rights.
A code of conduct or other Employee Handbook policies will certainly be impacted by this decision. Other impacted policies would be nondisclosure agreements, confidentiality agreements, any policies requiring respectful conduct, or policies regulating social media use.
Learn how Employers should review and make changes to their Employee Handbook policies to comply with the NLRB Rules and avoid allegations of violations of Concerted Activity Laws.
The NLRB enforces the National Labor Relations Act, which gives both unionized and non-union employees certain rights in the workplace. Find out how the changes at the NLRB may affect your company and why you might want to start making changes in your Employee Handbook now.
What You Will Learn
How the NLRB impacts Employee Handbooks and Why We Should care.
How the NLRA and the NLRB impact employee handbook policies and how the NLRB interprets the policies by Employers.
How concerted activity is a critical protection impacted by the Employee Handbook policies.
How creating an effective Employee Handbook will help Employers mitigate federal, state, local, and NLRB requirements.
How the Boeing & Stericycle case decisions will impact how Employers will interpret NLRB enforcement.
What Role the NLRA and the NLRB have on non-union employees.
How employees can have leverage over Employers based on Employee Handbook policies on disciplinary actions involving employee workplace behaviors.
What policies are at risk of violating the new NLRB Laws.
How you can prepare for the changes before you are violated for non-compliance.
Which policies should be revised immediately.
How training of HR/Managers/Supervisors will impact the company effectively and should be mandated as part of the policy changes.
Why You Should Attend
Employers should also immediately review their policies and handbooks to determine if any of their existing policies could reasonably be interpreted by employees as chilling their right to engage in concerted activities and consider adding disclaimers that the policies are not intended to restrict employees’ rights under the NLRA.
The new rule applies retroactively, so even those employee handbooks drafted and implemented before the Stericycle decision are subject to this heightened level of scrutiny.
The NLRA protects “concerted activities” that employees engage in to improve working conditions. What is Concerted Activity and Why Should Employers Care?
Protected Concerted Activity is a legal term used in labor policy to define employee protection against employer retaliation in the United States. The term defines the activities workers may partake in without fear of employer retaliation.
Who will Benefit
All Private Employers
Business Owners
Company Leadership
Compliance professionals
HR Professionals
Managers
Supervisors
Private Employers in all industries
Ask your question directly from our expert during the Q&A session following the live event.
Speaker
Matthew Burr
Matthew Burr has over 15-years of experience working in the human resources field, starting his career as an Industrial Relations Intern at Kennedy Valve Manufacturing to most recently founding and managing a human resource consulting company; Burr Consulting, LLC, Talentscape, LLC and Co-Owner of Labor Love, a Labor and Employment Law poster printing company. Prior to founding the consulting firm, the majority of his career was spent in manufacturing and healthcare. He specializes in labor and employment law, conflict resolution, performance management, labor, and employment relations. Matthew has a generalist background in HR and provides strategic HR services to his clients, focusing on small and medium sized organizations.
In July 2017, Matthew started as an Associate Professor of Business Administration at Elmira College and was promoted into the Continuing Education & Business Administration Department Liaison role in July 2018. He teaches both undergraduate and graduate level business courses at Elmira College, and successfully designed an HR Concentration in the business management major that is aligned with both SHRM and HRCI certifications. Matthew is also the SHRM Certification Exam Instructor, with a current pass rate of 89% on the SHRM-SCP and 100% pass rate on the SHRM-CP.
Matthew works as a trainer Tompkins Cortland Community College, Corning Community College, Broome Community College, Penn State University and HR Instructor for Certification Preparation for the Human Resource Certification Institute (HRCI). He also acts as an On-Call Mediator and Factfinder through the Public Employment Relations Board in New York State, working with public sector employers and labor unions.
Certifications
Paudioz is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please portal.shrm.org.
This Program has been approved for 1.0 HR (General) recertification credit hours toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™, and SPHRi™ recertification through HR Certification Institute®? (HRCI®).
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