Jon Klinghoffer Quoted in "Clear Skies for Employers As NLRB's Boeing Test Takes Off"
Goldberg Kohn Principal Jon E. Klinghoffer is quoted in "Clear Skies For Employers As NLRB's Boeing Test Takes Off," an article published in the Oct. 18, 2019, edition of Law360.
The article concerns the recent National Labor Relations Board ruling applying the agency's revamped Boeing test is the first of what could be many decisions giving more leeway for employers to control their workforce. The Boeing Test, which has a more employer-friendly approach, would direct administrative judges who resolve disputes to look at whether an employees' interpretation of a rule is restricting their rights, and if so how does the affected workers' rights weigh against the employers' reason for maintaining the rule. If the latter outweighs the former, the rule stands.
But even if the board's Republican majority uses Boeing to set more employer-friendly precedent on workplace rules, the shift may be short-lived, said Mr. Klinghoffer. "The board is traditionally composed of three members from the president's party and two from the opposing party, so case law tends to shift dramatically when the White House changes hands. As such, employers shouldn't overreach by trying to impose rules that go beyond their business needs," he said. "Everything in labor law is relatively temporary, and sometimes it's just better to take a conservative approach if you're an employer, and you have a handbook that can survive an administration regardless of its views," he said.
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