As expected, the NLRB’s new General Counsel has begun
rolling back some of the initiatives pursued by his predecessor. On Monday, he issued a Memorandum rescinding
a number of his predecessor’s initial actions as being inconsistent with the
promotion of collective bargaining and protection of employee rights, or as
being unnecessary. Of interest to most
employers, he rescinded one of his predecessor’s earliest actions -- a Memorandum explaining how the NLRA applies
to employee handbooks. However, instead
of describing this as inconsistent with the NLRA, the NLRB’s General Counsel
explained that this Memorandum was simply no longer necessary in light of the
number of NLRB decisions since December 2017 that have explained and applied
the Boeing decision. The introductory explanation for this action
is stated as follows:
Section 1 of the Act makes clear that the policy of the United States is to encourage the practice and procedure of collective bargaining and to protect the exercise by workers of their full freedom of association, self-organization, and designation of representatives of their own choosing for the purpose of negotiating the terms and conditions of their employment. As a career employee of the NLRB, I have endeavored to effectuate this policy. As Acting General Counsel, I will continue to work to realize the Act’s purpose.
I have determined that a number of outstanding General Counsel Memoranda are either inconsistent with the above-described policies and/or Board law, or are no longer necessary. Accordingly, I am rescinding the following General Counsel Memoranda:
· GC 18-04, Guidance on Handbook Rules Post-Boeing (June 6, 2018) (instructing Regions on the placement of various types of employer rules into the three categories set out in the then-recent Board decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017)). Note that this Memorandum is being rescinded as it is no longer necessary, given the number of Board cases interpreting Boeing that have since issued.
NOTICE: This summary is designed merely to inform and alert
you of recent legal developments. It does not constitute legal advice and does
not apply to any particular situation because different facts could lead to
different results. Information here can change or be amended without notice.
Readers should not act upon this information without legal advice. If you have
any questions about anything you have read, you should consult with or retain
an employment attorney.
