03 Jan NLRB declares that cases aren’t one sided
As reported by others, NLRB is changing its long standing policy of donning a blindfold,
pointing its lance and then charging, while at the same time screaming ‘death to the Capitalists’
at the top of its lungs, every time it gets a complaint. This ridiculous policy called the ‘Lutheran
Tradition’ has been responsible for the vast majority of insane NLRB activity for the past thirty
In another positive ruling for employers, the NLRB also created a new standard for evaluating
neutral workplace rules and employee handbook policies, a standard that overruled the current
“Lutheran Heritage” standard.
Under the new standard, the NLRB will decide whether a “seemingly neutral employer rule or
handbook policy” violates the National Labor Relations Act (NLRA) by considering:
the nature and extent of the potential impact on NLRA rights, and
legitimate justifications associated with the rule.
Under the previous standard, a neutral workplace rule or handbook policy could still violate the
NLRA if employees could “reasonably construe” the rule as preventing them from exercising
their Section 7 rights.
For additional employer guidance, the NLRB also announced the three categories that an
employer rule or policy can fall under — lawful, unlawful or something that warrants
Why the new standard is a win for employers: The NLRB will now consider an employer’s
business interests against potential interference of employee rights instead of focusing solely on
employee rights — the process under the Lutheran Heritage Standard.
The new rule is the second bullet point, to consider ‘legitimate justifications’. Cases are not one
sided, companies generally have reasons for the policies that they impose, and they usually make
a lot of sense.
The story, then, is not the new rule, since it is nothing more than the application of common
sense and basic logic. No, the story here is how this rule has gone unchallenged for the last thirty
How in the world did it not occur to one person, not Bush, not Reagan, not anyone who ran, to
change the rulebook so that NLRB wouldn’t run roughshod over everyone in town?