NLRB's Stericycle: New Standard; Heightened Scrutiny of Union and Non-Union Employer Policies; Retroactive Application
Key Considerations and Best Practices for Creating or Revising Workplace Policies for Compliance
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will provide an overview of the National Labor Relations Board's (NLRB) impactful Stericycle decision that overturns the more employer-friendly Boeing standard and establishes a new two-step case-by-case approach that the Board will use to examine facially neutral workplace policies to see if their implementation constitutes an unfair labor practice (ULP). The panel will discuss the new standard and its effect on union and non-union employers. The panel will also describe best practices for compliance.
Outline
- Overview of Stericycle history and decision
- The new Stericycle standard
- Case-by-case approach
- Two-step process
- GC's burden
- Employer rebuttal
- New employee perspective from which language will be reviewed
- Retroactive application and employer impact
- Best practices for compliance
Benefits
The panel will review these and other important considerations:
- How does the Stericycle test differ from that used in Boeing?
- What is the new employee perspective the Board will use when examining policy language to determine whether it is unlawful?
- What is GC's burden to demonstrate a policy is presumptively unlawful and how can an employer rebut this presumption?
- How will retroactive application of the new standard affect employers?
- What are the next steps that counsel should be advising their employer clients to take in light of Stericycle?
Faculty
Corey Franklin
Partner
FordHarrison
Mr. Franklin’s legal practice is focused on the representation of management in labor relations issues and... | Read More
Mr. Franklin’s legal practice is focused on the representation of management in labor relations issues and employment law disputes. A majority of his practice is dedicated to helping clients with both unionized and non-unionized personnel when facing labor relations issues. He is highly skilled in advocating for clients in complex collective bargaining negotiations, labor arbitration and grievance proceedings, union organizing campaigns, strikes, and administrative proceedings before the National Labor Relations Board. Mr. Franklin represents private companies as well as public entities, including municipal bodies, in collective bargaining, state labor relations act compliance, and contract arbitration/impasse resolution proceedings. He also frequently litigates employment law matters including restrictive covenant disputes as well as claims of wage and hour violations, discrimination, harassment, and retaliation. He also provides day-to-day counsel to employers on remaining compliant with the complicated network of constantly evolving federal, state, and local labor and employment laws and provides tailored guidance on policy compliance, workplace safety, internal investigations, and legal risk management. Mr. Franklin is the Office Managing Partner of FordHarrison's St. Louis office.
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S. Leigh Jeter
Senior Counsel
Michael Best & Friedrich
Ms. Jeter has represented private and public sector employers in labor and employment matters for nearly 25 years. Her... | Read More
Ms. Jeter has represented private and public sector employers in labor and employment matters for nearly 25 years. Her litigation experience includes successfully advocating for clients in state and federal courts and administrative agencies across the country in harassment, discrimination, disability, and leave-related disputes, grievance arbitrations, unfair labor practices charges, and various administrative agency matters. Ms. Jeter also has extensive experience investigating and handling matters filed with the EEOC, the NLRB, and other federal and state agencies. She has significant experience conducting neutral workplace investigations on behalf of employers in a wide range of industries. In addition, she has conducted investigations into allegations of workplace misconduct, including those alleging discrimination, harassment, retaliation, failure to accommodate, performance or misconduct issues, wage and hour violations, embezzlement, fraud, collective bargaining agreement violations, and ethics and compliance violations. Through the course of her career, Leigh has honed innovative and effective strategies for managing investigations and achieving clients’ objectives.
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Michael A. Pavlick
Partner
K&L Gates
Mr. Pavlick concentrates his practice in labor and employment law, including representation of clients before the NLRB... | Read More
Mr. Pavlick concentrates his practice in labor and employment law, including representation of clients before the NLRB and the National Mediation Board; collective bargaining; arbitrations conducted pursuant to labor contracts; union elections and campaigns; labor litigation under the National Labor Relations Act and the Railway Labor Act; minimum wage and overtime litigation under the Fair Labor Standards Act; employment discrimination litigation under the Civil Rights Acts of 1866, 1871, 1964 and 1991, the Age Discrimination in Employment Act, and the Americans with Disabilities Act; wrongful discharge litigation under state law; litigation of non-competition/confidentiality agreements; OSHA proceedings; unemployment compensation and other administrative hearings; and, client counseling on labor and employment issues.
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