NLRB's Miscimarra Lays Path For Handbook Rule Challenges

By Vin Gurrieri (April 18, 2016, 9:32 PM EDT) -- National Labor Relations Board member Philip Miscimarra has called on the board to adopt a new standard for evaluating workplace handbook rules that takes employers' justifications for those policies into account, a position attorneys say could be used as a road map by employers seeking to challenge the standard.

Miscimarra, who made his arguments in a partial dissent to an April 13 majority ruling by board members Kent Y. Hirozawa and Lauren McFerran in a case involving William Beaumont Hospital in Michigan, said the board should start considering employers' justifications for implementing such rules as part of a test to determine...

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