NLRA, Discipline | JD Supra

The NLRB Gives An Employee Four Strikes And He's Still Not Out

Genova Burns LLC on 6/21/2024

The National Labor Relations Act gives employees the right to engage in activities together with and on behalf of their co-workers to improve working conditions, called protected concerted activity. The question frequently...more

Post-Labor Day Wrap Up: What NLRB’s 2023 Decisions Mean for Employers

Jackson Lewis P.C. on 9/22/2023

In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...more

NLRB Expands the Definitions of "Protected" and "Concerted" and Expands Coverage of the National Labor Relations Act

Baker Donelson on 9/12/2023

On August 31, 2023, the National Labor Relations Board (NLRB or the Board) issued a pair of decisions that continue the agency's recent trend of broadening the reach of the National Labor Relations Act (NLRA). With these two...more

Labor Judge Decision Explains Employer Discipline of Employee for Serious Performance Issues

Jackson Lewis P.C. on 6/29/2023

Two important principles under the National Labor Relations Act are worth reiterating to construction employers: first, employees cannot be disciplined for engaging in activity protected by that Act; and, second, employers...more

Can You Discipline Employees for Workplace Outbursts? NLRB Says It Depends on the Setting

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/13/2023

Imagine that an employee in a workplace meeting stands up, and in a profanity-laced tirade, calls the manager in the meeting several names not fit for print. Most employers would immediately discipline, if not fire, that...more

NLRB Nixes Short-Lived One-Size-Fits-All Approach to Abusive Conduct Cases

Vinson & Elkins LLP on 5/19/2023

Employers (hopefully) are aware that their employees are afforded certain rights under the National Labor Relations Act (the “NLRA” or “Act”), including the right to self-organization, to bargain collectively, and to engage...more

Sticks and Stones Break Bones, and the NLRB Protects the Words That Hurt: The NLRB’s Latest Decision Expands Protections for...

BakerHostetler on 5/17/2023

In the latest swing away from recent precedent, the National Labor Relations Board (NLRB or Board) issued its ruling in Lion Elastomers LLC II, which overturns the 2020 General Motors LLC decision. These decisions address an...more

Lion Elastomers Reinstates Atlantic Steel and its Progeny Providing More Protections for Worker Outbursts

Ballard Spahr LLP on 5/15/2023

On May 1, in its Lion Elastomers decision, the Board overruled Trump-era precedent (General Motors) that made it easier for employers to discipline workers for outbursts in the context of workplace activism and union-related...more

NLRB Reverses Course, Provides Broader Protection to Employees Engaged in Offensive Behavior

Amundsen Davis LLC on 5/10/2023

On May 1, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued a decision, Lion Elastomers LLC, that provides employees with extensive cover for inappropriate workplace behavior under the guise of the National...more

NLRB Makes It Significantly Harder for Employers to Issue Discipline for Workplace Outbursts - Lion Elastomers Revives a...

Davis Wright Tremaine LLP on 5/9/2023

After the National Labor Relations Board's recent decision in Lion Elastomers LLC II, employers must now carefully navigate two "fundamentally different" classes of employee misconduct: 1) "misconduct during ordinary work,"...more

NLRB restores labor law protection for employee misconduct that accompanies Section 7 activity

Constangy, Brooks, Smith & Prophete, LLP on 5/5/2023

On May 1, the National Labor Relations Board issued a decision that will restore protection for employee misconduct when it occurs during protected concerted activity. In Lion Elastomers LLC II, the Board overruled 3-1 a...more

NLRB Gives Workers Greater Leeway to Engage in Abusive Conduct

Steptoe & Johnson PLLC on 5/5/2023

On May 1, 2023, the National Labor Relations Board (the Board) issued its decision in Lion Elastomers LLC II and made it more difficult for employers to discipline employees for misconduct and outbursts. Now employers must...more

NLRB Ruling Makes it More Difficult for Employers to Discipline Employees Over Outbursts

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/3/2023

On May 1, 2023, the National Labor Relations Board (NLRB) issued a decision that changes the standards relating to discipline or discharge of workers who cross the line with offensive or abusive conduct while engaging in...more

NLRB Reminds Employers Importance of Applying Consistent Discipline Policies in Workplace

Jackson Lewis P.C. on 10/5/2022

Noting the employer did not have an employee code of conduct policy prohibiting the use of derogatory language, the National Labor Relations Board (NLRB) held an automotive dealership violated the National Labor Relations Act...more

Employer Discipline Lessons In DC Circ. Vulgar Protest Ruling | Insights & Events

Bradley Arant Boult Cummings LLP on 9/22/2022

A ruling of the National Labor Relations Board in favor of an employee fired for using vulgar language on a company bulletin board was affirmed in August by the U.S. Court of Appeals for the District of Columbia Circuit. ...more

NLRB’s Proposed New Rule Would Expand Joint Employer Status to Entities With Indirect Control Over Worker Conditions

ArentFox Schiff on 9/13/2022

Does anyone feel like they’ve seen this movie before? On September 6, the National Labor Relations Board (NLRB or “the Board”) announced a notice of proposed rulemaking that dramatically changed the joint employer analysis...more

Explicit Graffiti Case Illuminates The Necessity of Consistent and Uniform Enforcement of Anti-Bias Workplace Rules

Amundsen Davis LLC on 8/15/2022

In Constellium Rolled Products Ravenswood v. NLRB, the U.S. Court of Appeals for the District of Columbia Circuit addressed the tension between a worker’s Section 7 protected and concerted activity rights under the National...more

Nasty language may be protected concerted activity, court says

Constangy, Brooks, Smith & Prophete, LLP on 8/12/2022

Non-union employers, this goes for you, too! An employee's use of bad language doesn't necessarily mean that the employer can take action against him. Even if the language arguably violates the employer's no-harassment...more

NLRB: Employer’s “Hard-Bargaining” Proposals—By Themselves—Did Not Violate Duty to Bargain in Good Faith

Proskauer - Labor Relations Update on 5/10/2021

In Universal Health Services, Inc., 370 N.L.R.B. No. 118 (April 30, 2021), the Board dismissed a complaint alleging that an employer’s bargaining proposals seeking significant concessions violated the duty to bargain in good...more

Political and Controversial Activity in the Workplace [More with McGlinchey Ep. 11]

McGlinchey Stafford on 10/16/2020

Election season is in full swing and the climate is certainly charged. In this episode of “More with McGlinchey,” Labor and Employment attorneys Mag Bickford, Rasch Brown, Camille Bryant, and Kathy Conklin discuss employees’...more

Employers Grapple with Workers’ Off-Duty Behavior

McDermott Will & Emery on 10/13/2020

Employees gathering with friends, expressing their political views and posting about these things on social media have created for employers an increasingly urgent question: When the people engaging in unsafe or politically...more

NLRB Makes it Simpler to Discipline Profane or Abusive Employee Conduct

Benesch on 7/24/2020

On July 21, 2020, the National Labor Relations Board (“NLRB” or “the Board”) issued its decision in General Motors LLC, 369 NLRB No. 127, reviving the Wright Line test and making it easier for employers to discipline an...more

NLRB Rules That Employers Need Not Tolerate Sexist, Racist, Or Abusive Conduct By Employees Engaged In Otherwise Protected...

Fisher Phillips on 7/24/2020

In a critical reversal of Board precedent, the NLRB just unanimously held that employees engaging in abusive conduct in the course of protected concerted activities are not automatically shielded from discipline under the...more

NLRB Updates Standard on Discipline for Offensive Conduct

FordHarrison on 7/23/2020

Executive Summary: On July 21, 2020, in a unanimous decision, the National Labor Relations Board (“NLRB” or the “Board”) modified the standard for determining whether employees have been lawfully disciplined or discharged...more

NLRB Announces New Standard for Reviewing Discipline for Offensive and Abusive Conduct

Davis Wright Tremaine LLP on 7/22/2020

Yesterday, the National Labor Relations Board (NLRB) in General Motors LLC announced a big win for employers by changing the standard under which it will evaluate discipline issued to employees who make abusive or offensive...more

The National Labor Relations Act › Discipline

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