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Expert Analysis

Inside The NLRB's General Counsel Memo On Boeing

By Steven Swirsky and Genevieve Murphy-Bradacs (July 3, 2018, 12:02 PM EDT) -- In the case of The Boeing Company,[1] decided Dec. 14, 2017, the National Labor Relations Board announced that going forward, it would use a new balancing test, taking into consideration both the right of employers to maintain productivity and discipline in their businesses and the potential negative impact on employees' ability to exercise their Section 7 rights under the National Labor Relations Act[2]. Boeing also established new standards for determining whether "facially neutral workplace rules, policies and employee handbook standards unlawfully interfere with the exercise" of employees rights protected by the National Labor Relations Act....

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