NLRB Compliance

With the recent overturning of the National Labor Relations Board (NLRB) standard that afforded flexibility for employer policies and clarifying opinions, it is important for businesses to re-evaluate their policies and procedures. The new standard states that if an employee could reasonably interpret a rule to restrict or prohibit their right to form, join, or assist labor unions, to bargain collectively, to discuss their pay and benefits, and to engage in other concerted activities for mutual aid or protection then that rule is presumed unlawful. 
 
HR policies and procedures are important for businesses because they: 

• Keep the organization in compliance with legislation and can provide protection against employment claims 
  
• Provide guidelines on the employer-employee interactions and expectations  
  
• Provide written guidance on how to handle employment issues  
  

• Provide a framework for consistent and uniform decision-making and transparency 
  
• Support growth and strategy 
  
• Documents appropriate best practices for the organization 
  

When businesses evaluate their policies, they should determine what the goal of the policy is and what it is trying to protect. If existing policies could be reasonably interpreted as impeding an employee’s right to engage in concerted activities, then employers should consider adding disclaimers that it is not intended to restrict an employee’s right under the National Labor Relations Act (NLRA). Providing illustrative examples of what acceptable conduct looks like and what conduct violates policy may be helpful. 
 
Employees must bring a charge under the NLRA within months of the last adverse action per the statute of limitations. It is also important to note that the NLRB can challenge a rule even if the rule has not been applied previously. If an employee files an unfair labor practice charge, the board can take legal action solely by the rule being maintained. 
 
If your business needs assistance with reviewing your employee policies and procedures, InvigorateHR can help! Our staff are experts in the field, hold Senior Professional in Human Resources (SPHR) certification, and are at the forefront of HR compliance. 
 
Adapted from SHRM