How to Analyze Employer Handbook Rules in Light of Boeing

On June 6, 2018, the National Labor Relations Board’s (“NLRB”) General Counsel (“GC”) released a memorandum providing guidance on the NLRB’s recent decision in The Boeing Company, 365 NLRB No. 154. When responding to unfair practice charges involving employer handbook rules, the memo provides employers with an easy to follow roadmap to evaluate the legality of employer handbook language and rules.

In an effort to limit ambiguity, the NLRB overruled Lutheran Heritage’s reasonably construe[1] standard and its presumption of prohibiting any rule that could be interpreted to violate section 7 in favor of a test that prohibit rules that would violate section 7 activity.

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