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National Labor Relations Board issued decision in Lion Elastomers making it harder for employers to discipline workers who engage in abusive workplace conduct in connection with Section 7 activity under Board law. Decision reinstates triad of setting-specific tests.
In Lion Elastomers LLC II, NLRB reversed a 2020 ruling in General Motors LLC, and returned to various setting-specific standards for determining when discipline/discharge is lawful for employee misconduct during otherwise protected concerted activity