CDW Submits Amicus Brief on Employer Handbook Rules

On March 7, CDW, along with several other business organizations, filed an amicus brief in Stericycle, an NLRB case in which the Board is considering changing the way it reviews employer handbook rules to determine if they violate workers’ rights to collectively bargain.

In our brief we call on the Board to reaffirm its existing standard established in Boeing, which held that when determining if a facially neutral policy, rule, or handbook provision would potentially interfere with workers’ collective bargaining rights, the Board must consider the nature and extent of the potential impact on NLRA rights as well as the legitimate justifications for the rule. We also call on the board to place the burden of proving any alleged violation of the Act on the Board’s General Counsel and reaffirm that certain categories of employer rules are generally lawful to maintain.

The other participants on the brief were Associated Builders and Contractors, Council on Labor Law Equality, National Association of Manufacturers, National Association of Wholesaler-Distributors, and National Retail Federation.