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The Board has therefore reverted to pre-General Motors thinking around discipline for employees’ abusive workplace conduct, applying different standards depending on the context in which the outburst takes place
On May 1, 2023, the National Labor Relations Board (NLRB) issued a decision that changes the standards relating to discipline or discharge of workers...
On Monday, May 1, 2023, in Lion Elastomers, NLRB Case No. 16-CA-190681, the National Labor Relations Board (NLRB or the Board) overturned an employer-friendly precedent dating from 2020...
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.
National Labor Relations Board NLRB abandoned burden-shifting test for determining legality of employer discipline of employees engaged in abusive conduct. Employers must now grapple with indefinite factors formerly rendering similar conduct immune from discipline.