Posts tagged Stericycle
Coalition for a Democratic Workplace Urges US Attorney General to Unilaterally Override Biden-Era NLRB Decisions
May 16, 2025 // Ordinarily, employers try to get the NLRB to change a decision with which they disagree by challenging the decision on appeal. Employers also have the ability to argue to the Board in future cases, particularly after a change in administrations, that it should revisit its own precedent. The NLRB would then consider the issue and arguments and decide whether to change its earlier decision. However, the CDW has asked Bondi to unilaterally invalidate 15 Biden-era Board rulings, including 14 that set new precedents.
How Will the U.S. Election Outcome Affect Labor Law? A Deep Dive into the NLRB’s Future
November 19, 2024 // The NLRB’s policy agenda is almost certain to shift. The new General Counsel will likely take a different approach to several key labor issues that the current NLRB has made a priority. For example, current General Counsel Abruzzo pursued aggressive enforcement actions against restrictive covenants, like non-compete and nonsolicitation agreements, following her May 2023 memo where she articulated her view that restrictive covenants like non-competes “generally violate federal labor law.” The new General Counsel will almost certainly halt enforcement of this position and several others when the new administration takes control.
Is It Really About Employee Voices? The National Labor Relations Board Continues its Union-Friendly Trend
August 7, 2024 // The new regulations also contain a revision that will affect construction companies. Under the NLRA, an employer cannot recognize and bargain with a union lest the union has demonstrated that it represents a majority of the employees (through cards or an election, as noted above). Section 8(f) of the NLRA provides a limited exception to this rule, and it applies solely to the construction industry. Under Section 8(f), a construction industry employer can enter into a "pre-hire" agreement with a union and negotiate employment terms regardless of whether the employees support the union. Prior to 2020, the Board allowed an employer and union to convert an "8(f) agreement" into a normal collective bargaining agreement simply by stating that the union had demonstrated majority support to the employer. That language was sufficient to block a decertification petition or petition from a rival union during the so-called "contract bar" period (the term of the labor agreement, up to three years). No evidence would be examined to attack the contract language – this provision was enough.
Heightened labor scrutiny looms over workplace rules
January 3, 2024 // The National Labor Relations Board earlier this year changed how it evaluates employer workplace rules in a way that’s expected to expose a broader range of rules to enforcement by regulators, even for employers who haven’t faced any union activity. “When [employers] make a business decision at a critical point in time — like when there’s a union campaign — there can become a presumption that the reason is not because there’s a business justification for it, but because it somehow relates to the union activity,” Chris Foster, a partner in the labor and employment law practice at McDermott Will & Emery, told Legal Dive.
Starbucks’ ‘overbroad’ workplace civility rule oversteps NLRA, Board rules
August 17, 2023 // On the heels of its Stericycle ruling, which increased scrutiny of employer handbooks, NLRB said Starbucks must rescind its “How We Communicate” workplace policy.
US labor board says work rules cannot hamper unionizing
August 4, 2023 // Wednesday's ruling stems from a union's challenge to Stericycle Inc's policies barring worker conduct that could harm the company's reputation or create conflicts of interest. The labor board did not rule on the merits of the case but sent it back to an administrative judge to apply the new standard. The board's Democratic majority said employers can rebut the presumption that a rule is unlawful by proving to the NLRB that it "advances a legitimate and substantial interest" that cannot be addressed with a narrower policy. NLRB Member Marvin Kaplan, a Trump appointee, in a dissenting opinion said that standard will be virtually impossible for many employers to meet. He added that his colleagues had failed to balance workers' labor rights with businesses' ability to adopt reasonable rules.