On Monday, the National Labor Relations Board (the “Board” or “NLRB”), with a majority of appointees by President Biden, i.e., “the Biden-Board,” reversed the short-lived General Motors LLC, 369 NLRB No. 127 (2020) decision and reinstated the Atlantic Steel test for analyzing whether an employee’s grossly unprofessional conduct when engaging in union or other protected concerted activity loses the protection of the National Labor Relations Act (“Act”). The Board issued Lion Elastomers, LLC, 372 NLRB No. 83 (2023) and reinstated Atlantic Steel 245 NLRB 814 (1979) and its progeny, making it more difficult for employers to discipline employees who engage in outrageous, otherwise inappropriate, speech and/or actions in the course of engaging in union or other protected concerted activity.
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Recent Updates
- NLRB Could Soon Have a Three-Person Republican Majority - Employment Law This Week Video
- Is Cemex Still Valid? Sixth Circuit Creates Uncertainty - Employment Law This Week Video
- What Restoring a Quorum at the NLRB Could Mean for Employers - Employment Law This Week Video
- President Trump Announces Nominees for Two Vacant Seats on the National Labor Relations Board
- NLRB Member Wilcox Reinstated Again: Board Regains a Quorum, at Least for Now