Wednesday, August 5, 2020
The NLRB’s 2017 Boeing customary for evaluating the lawfulness of employer insurance policies governing their staff continues to ship good outcomes for employers. Final week in Nicholson Terminal & Dock Co., the board upheld the corporate’s “moonlighting” coverage that prohibited staff from “hav[ing] one other job that:
Could possibly be inconsistent with the Firm’s pursuits;
Might have a detrimental impression on the Firm’s picture with clients or the general public;
Might require devoting such effort and time that the worker’s work can be adversely affected.”
The coverage additional defined that “[e]mployees are anticipated to commit their main work efforts to the Firm’s enterprise.”
The board positioned such “moonlighting” insurance policies in Boeing Class 1(a), which means they are going to all the time be lawful. In coming to this conclusion, the board leaned closely on the Boeing customary’s emphasis on decoding the language of the coverage as an affordable worker would interpret it. Thus, though the rule is perhaps learn to preclude a small space of protected exercise, like paid employment for a union below circumstances protected by the NLRA (working as a union “salt,” for instance) the affordable worker wouldn’t learn the rule in such a vogue.
The clear goal of the corporate’s moonlighting rule is “to forestall staff from taking exterior employment that adversely impacts their work for the Respondent,” and interpreted in gentle of that goal, the board concluded that the affordable worker wouldn’t draw the conclusion that the rule would “prohibit the protected exercise of part-time work as a union salt that didn’t intervene with their capacity to carry out their duties for the Respondent.” Thus, this moonlighting rule and others just like it go muster below the Board’s Boeing scheme.
This case illustrates the NLRB’s continued emphasis on studying employer guidelines like an affordable particular person (i.e., like non-lawyers). Keep tuned because the board continues so as to add to its rising physique of Boeing interpretations.
© 2020 BARNES & THORNBURG LLPNationwide Legislation Overview, Quantity X, Quantity 218