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Guidance

Presentation Audience

Advice Memoranda Dealing with Handbook Rules post-Boeing

In its decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), the Board reassessed its standard for determining when the mere maintenance of a work rule violates Section 8(a)(1) of the Act. Overturning the first prong of Lutheran Heritage Village-Livonia, 343 NLRB 646 (2004), the Board established a new standard that focuses on the balance between the rule's negative impact on employees' ability to exercise their Section 7 rights and the rule's connection to employers' right to maintain discipline and productivity in their workplace.

The following is a list of Advice memos dealing with various types of handbook rules post-Boeing.