• Case : University Hospitals Cleveland Medical Center (JD–75–24) (12/2/24) • Location : Cleveland, Ohio • What happened : A hospital maintained two work rules at issue: one restricting residents from joining any organization that might strike, and another barring residents from sharing “any information relative to the Hospital” with the press. • ALJ finding : Applying Stericycle , the ALJ found both rules facially unlawful because they would reasonably chill employees from engaging in protected concerted activity. The ALJ rejected the hospital’s argument that patient privacy or ethical concerns justified the rules, and noted that even if Boeing still applied, the outcome would likely be the same. • Key point : The ALJ applied Stericycle as the governing standard, emphasizing its retroactive application and higher burden for employers. • Case : Amazon.com Services LLC (JD–09–25) (2/12/25) • Location : Swedesboro, New Jersey • What happened : Multiple union and worker groups challenged the employer’s Unpaid Time Off (UPT) policy after the company automatically deducted time for absences due to protected walkouts. • ALJ finding : The judge held that while the UPT policy was facially neutral and lawful under both Stericycle and Boeing , its application violated Sections 8(a)(1) and 8(a)(3). Specifically, the employer unlawfully failed to restore UPT hours deducted for strike activity and assessed attendance points despite knowing the absences were protected. • Key point : Even though the ALJ referenced Boeing , Stericycle was applied as the governing standard. This illustrates that ALJs may acknowledge prior precedent, but Stericycle still controls and imposes the more stringent burden on employers. • What happened : The employer maintained a mandatory arbitration agreement and a rule requiring employees to obtain approval before joining or creating any social media groups amongst co-workers. • ALJ finding : Both the arbitration agreement and the social media rule were found presumptively unlawful. The judge applied Stericycle and noted the policies would also be unlawful even under the older, more lenient Boeing standard. • Key point : This case underlines that Stericycle is not just replacing Boeing but setting a higher bar, which is one that many policies cannot clear, even those that may have survived pre-2023 scrutiny. • Case : Bookholders, LLC (JD–27–25) (3/31/25) • Location : Blacksburg, Virginia
Key Takeaway: ALJs are applying Stericycle across a wide range of cases and contexts, from confidentiality and civility rules to separation agreements and post-employment restrictions. The standard's reach is broad, and no category of employer policy is automatically safe from scrutiny.
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