U.S. Supreme Court,
Labor/Employment,
Corporate
Sep. 27, 2017
NLRB shouldn’t invalidate facially neutral work rules
The Supreme Court should abandon the “reasonably construe” test and find that the NLRA does not reach facially neutral work rules.
Mark S. Ross
Special Counsel
Sheppard, Mullin, Richter & Hampton LLP
Email: mross@sheppardmullin.com
Mark is in the Labor and Employment Practice Group in the firm’s San Francisco Office.
The National Labor Relations Board has long held that even the mere maintenance of a facially neutral work rule — one that does not explicitly prohibit or restrict union or protected concerted activity — violates Section 8(a)(1) of the National Labor Relations Act if employees would “reasonably construe” the rule to prohibit them from engaging in such protected conduct. Section 8(a)(1) prohibits an employer from interfering with, restraining or coercing employees from...
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