A lot to read and complicated but here it is.

The National Labor Relations Board (NLRB) has remanded a 2013 decision to an administrative law judge to determine whether the Board’s landmark 2017 decision on work rules and policies affects its 2013 determination that a union did not violate National Labor Relations Act (NLRA) Section 8(b)(1)(A) by unilaterally including a Weingarten rights statement on the back cover of a collective bargaining agreement and distributing that agreement to employees. California Nurses Association, National Nurses Organizing Committee, 31-CB-012913 (Mar. 4, 2019).

In the 2013 decision, California Nurses Association, 359 NLRB 1391, the NLRB also decided the union’s unilateral action ran afoul of the NLRA’s requirement under Section 8(b)(3) of the NLRA. The Board did so based on the parties’ “clear understanding that the printed contract would not contain the Weingarten statement.”
In 2017, in The Boeing Co., 365 NLRB No. 154, the NLRB created a new, employer-friendly standard for determining whether a work rule or policy has been unlawfully maintained that applies retroactively to all pending cases. That standard requires balancing the “the nature and extent of the potential impact on NLRA rights” against the “legitimate justifications associated with [a] rule.” An administrative law judge must now issue a decision addressing whether and to what extent the 2013 decision is affected by Boeing.

This case is another example of the Trump Board and NLRB General Counsel taking a close look at possible union misconduct. The General Counsel, for example, has directed field office staff to prosecute a broader array of cases than previously against unions that engage in negligent behavior toward their members.