NLRB Returns to First Trump-Era Employee Misconduct Framework

NLRB returns to first Trump-era employee misconduct framework

Following a mandate from the 5th U.S. Circuit Court of Appeals, the agency applied the framework it tried to argue against in 2023.

NLRB Eases Path to Discipline Employees for Offensive Workplace Conduct Tied to Section 7 Activity

The National Labor Relations Board (“NLRB” or “Board”) this week confirmed that the Wright Line standard remains binding precedent for employers navigating discipline of employees for offensive conduct during otherwise protected Section 7 activity.  This case brings to a close—at least for now—a years-long tug-of-war between the Board and the U.S. Court of Appeals for...

Lion Elastomers III: The Return of General Motors

By: Michael Berkheimer On September 23, 2026, the Board released its decision in Lion Elastomers, LLC (Lion Elastomers III) and returned to the standard it had previously adopted in General Motors regarding how the Board will assess misconduct that occurred while an employee was engaged in activity protected by the National Labor Relations Act. The […]

NLRB Goes on a Lion Hunt

In Lion Elastomers III, the U.S. National Labor Relations Board confirmed its 2020 General Motors decision governs discipline for abusive conduct that occurs during union or other activity protected by Section 7 of the National Labor Relations Act. The ruling states that NLRB… The post NLRB Goes on a Lion The post NLRB Goes on a Lion Hunt first appeared on Recruiting Headlines.