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NLRB GENERAL COUNSEL THROWS DEALERS A LIFELINE

Continued from page 12 that they were using the term “reasonably” for updates as we watch the NLRB apply
There are even websites that have popped pretty loosely. After their ruling last week, their new standards and analysis on cases
up instructing employees how to tie an the board will now consider the “nature moving forward.
inappropriate social media post to terms and extent” of a challenged rule’s “potential
and conditions of employment, thus saving impact” on an employee’s rights under the Please note that I am not a lawyer and the
their jobs for behavior that would have NLRA. information contained in this article is for
otherwise gotten them fired. Many dealers general information purposes only and
have asked me how they can possibly The NLRB will once again consider is not designed to be comprehensive. For
run a successful store when they are not whether an employer has a legitimate legal advice, you must consult your own
even allowed to demand courteous and business justification for a rule, and not attorney. n
respectful behavior from their employees. just if an employee could claim that a well-
intentioned rule could, in any way, shape Dave Druzynski serves as director of human
Well, it seems as if they may have just been or form, be remotely construed to interfere resources for Auto/Mate Dealership Systems.
thrown a lifeline. with their NLRA rights, no matter how far Email him at dave.druzynski@bobit.com.
the stretch.
Over the past couple of weeks, we are MARK YOUR CALENDARS!
already seeing the NLRB change its course. Car dealers may be able to re-implement
It recently overturned a 2004 precedent policies of the past — or at least an 2018 Convention & Expo
that stated any handbook policies that updated version of them — designed to July 12-14, 2018
could be “reasonably construed” to prohibit maintain a courteous and respectful work Hyatt Regency Savannah
employees from exercising their rights environment. I don’t recommend reverting 2 W Bay Street, Savannah, Gia 31401
under the NLRA are illegal. And many felt to your 2005 handbook just yet. Stay tuned

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