Neuberger Discusses New NLRB Decision with Bloomberg Law

Of Counsel Mark Neuberger discussed the implications of a new National Labor Relations Board decision in an article in Bloomberg Law, “Workplace Civility Rules Get Boost From Labor Board Decision.”

In mid-December the NLRB overturned its 2004 decision in Lutheran Heritage Village-Livonia, which had created some confusion about bad behavior on the job and whether it was protected under labor laws.

The new decision centered around the Boeing Company’s policy that banned employees from taking photos or videos on job sites without permission. Management-side lawyers say the decision, which maps out a new test to determine if employee handbook rules impede workers’ rights, focuses on the rules’ justifications and potential impact. The ruling also may make it easier for the NLRB and Equal Employment Opportunity Commission to collaborate on workplace guidelines.

Neuberger told Bloomberg that differences between how the NLRB and the EEOC enforce their rules can create a hurdle for any agency collaboration. The NLRB tends to steer policy through judicial decision, while the EEOC creates rules and guidelines, he said.