In a recent decision by the National Labor Relations Board (NLRB), the rights of employers to discipline employees exhibiting abusive conduct while engaged in protected concerted activity under the National Labor Relations Act have been significantly narrowed. The case was Lion Elastomers LLC, 372 NLRB No. 82.
Examples of the kind of conduct falling under this new ruling include the usage of profanity or insulting language during grievance meetings, on picket lines, or when speaking on behalf of other employees at a meeting. This change in legislation stands to alter the dynamic between employers and their workforce, particularly those involved in collective bargaining or union activity.
Prior to this decision, such disruptive or offensive conduct would generally have been grounds for disciplinary action, under most employer policies. However, under the updated ruling, an employee’s rights to engage in union or collective bargaining activities are prioritized, allowing for a certain degree of abrasive or confrontational behavior.
Employers and corporations at large are strongly advised to familiarize themselves with the intricacies of this ruling, as it has potential implications for their policies regarding employee conduct, particularly in unionized or collective bargaining settings. While maintaining a respectful workplace environment is still essential, striking a balance with the recognised rights of employees to conduct protected activities could prove challenging under this new decision by the NLRB.
For a more comprehensive understanding of this subject matter, refer to the full legal analysis by Jackson Lewis P.C. on JD Supra.