Boston Partner Discusses Biden NLRB’s Review of Boeing Work Rule Test

In a Law360 article detailing the recent move by the National Labor and Relations Board (NLRB) to review a Trump-era decision that makes it easier for employers to defend handbook policies against claims they stifle worker rights, Joshua Nadreau said that he expects them to return to the Lutheran Heritage Standard — a “standard so broad that it almost moots the analysis,” he said.

“Coming from that sort of focus, it’s really hard to write a rule where there’s no conceivable way to interpret it in a way that wouldn’t chill an employee's Section 7 rights,” he added.

The 2017 decision up for review overturned a 2004 ruling that said policies violate the National Labor Relations Act when they could be "reasonably construed" as restricting union organizing and other activity protected by the law.

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