December 15, 2017 / 11:40 PM / a year ago

NLRB creates new test for workplace rules in Boeing case, overturning Lutheran Heritage

The National Labor Relations Board created a new test for determining whether workplace rules violate federal labor law in a decision that signed off on a Boeing Co policy prohibiting employees from using cameras in its facilities.

In a 3-2 ruling on Thursday, the NLRB’s Republican majority struck down the standard from its 2004 Lutheran Heritage opinion, which turned on whether a neutrally worded rule would be “reasonably construed” by employees to restrict their rights under the National Labor Relations Act. The board replaced it with a test that weighs both a rule’s potential impact on workers’ rights and the employer’s justifications for the policy in question.

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