; and (B) the adverse impact described in subparagraph (A) outweighs the justification associated with the rule, policy, or handbook. (4) If a facially neutral rule, policy, or employee handbook provision, which is lawful and consistent with this subsection, is found to have been applied in a case involving the exercise of rights under section 7, and if the Board concludes that said application violates section 8(a)(1) or another provision of this Act, the Board’s remedy shall not include the rescission or modification of such rule, policy, or employee handbook provision. .