News & Analysis as of September 18, 2024

National Labor Relations Board › Abusive Conduct Training

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

NLRB Reinstates Setting-Specific Standards To Evaluate Employee Abusive Conduct

Perkins Coie on 6/6/2023

The National Labor Relations Board (NLRB or the Board) recently reinstated setting-specific standards to determine whether employers have violated the National Labor Relations Act (NLRA or the Act) by unlawfully disciplining...more

NLRB Makes it More Difficult for Employers to Defend Discipline for Offensive and Abusive Conduct

ArentFox Schiff on 5/10/2023

In another pro-employee decision, the National Labor Relations Board (NLRB) has held that the familiar Wright Line standard no longer governs cases involving employees disciplined for engaging in offensive or abusive conduct...more

NLRB Flips (Again), Reinstates Context-Specific Standards For Employee Misconduct

Proskauer - Labor Relations Update on 5/9/2023

On Monday, the National Labor Relations Board (“Board”) issued a decision making it riskier and more complicated for employers to discipline employees for abusive workplace conduct alleged to have arisen within the context of...more

NLRB Ruling Makes it More Difficult for Employers to Take Action Against Employees for Abusive Conduct

Harris Beach PLLC on 5/8/2023

On May 1, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision that makes it more difficult for employers to discipline or discharge employees for their offensive or abusive conduct while engaged...more

NLRB Ruling Limits Employers’ Ability to Discipline in Response to Abusive Conduct

Smith Gambrell Russell on 5/8/2023

On May 1, 2023, the National Labor Relations Board (“NLRB”) issued its decision in Lion Elastomers LLC II, 372 NLRB No. 83 reversing its 2020 ruling in General Motors LLC, 369 NLRB No. 127, and creating an inconsistent...more

NLRB Establishes New Test for Employer Discharge of Employees for Abusive Comments

Pillsbury Winthrop Shaw Pittman LLP on 8/6/2020

New standard grants more leeway to employers to prohibit abusive conduct, even in connection with otherwise protected, concerted activity. The Board’s new standard will allow employers more predictability and discretion to...more

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