The National Labor Relations Board issued a decision in Lion Elastomers LLC II on May 1, 2023, reversing General Motors LLC, 369 NLRB No. 127 (2020) and changing the standards related to discipline or discharge of workers who are offensive, abusive, or even discriminatory towards their supervisors or managers during their otherwise protected concerted activity under Section 7 of the National Labor Relations Act. This case returns to the “setting-specific” standards, which affords employees who engage in this type of conduct greater protection under the Act and makes it more difficult for employers to maintain a civil workplace.
