NLRB Says Dock Workers Can't Strike Illegally

Law360 (July 31, 2020, 7:34 PM EDT) -- The National Labor Relations Board found employee handbook provisions prohibiting a Michigan dock company's workers from participating in "illegal strikes" and taking certain moonlighting jobs didn't violate federal labor law, saying neither rule prevents employees from engaging in protected activity.

Overturning an agency judge's decision, an NLRB panel determined a reasonable employee would not read the language in the Nicholson Terminal & Dock Co. employee handbook prohibiting illegal strikes and some moonlighting as restricting their right to organize and collectively bargain under Section 7 of the National Labor Relations Act.

The so-called Boeing test applied by the board directs judges to...

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