In an article by The Society for Human Resource Management (SHRM) about the landmark Aug. 2 ruling by the National Labor Relations Board (NLRB) in the Stericycle decision, Phil commented on the new NLRB handbook standard.
“It’s hard to imagine the general counsel won’t be able to prove that a rule has a reasonable tendency to chill employees from exercising their NLRA rights,” Wilson said.
“If the general counsel provides such proof, the rule is presumptively unlawful. However, the employer may counter the presumption by proving that the rule advances a legitimate and substantial business interest and that the employer can’t advance that interest with a more narrowly tailored rule. If the employer proves this, the work rule will be found lawful.”