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Michael Best publishes guide to NLRB workplace conduct developments
Michael Best said it published an update on the NLRB’s September 23 decision in Lion Elastomers LLC (375 NLRB No. 41), which the firm said restores the Wright Line causation test from General Motors (2020) for discipline over employee outbursts during protected activity and overrules the 2023 Lion Elastomers II standard. The firm said employers should apply conduct rules consistently and document discipline, and flagged handbook rules, election procedures and severance agreements as precedents to watch.
Key points
- The firm’s guide recommends applying conduct rules consistently and documenting disciplinary reasons.Michael Best & Friedrich
- Michael Best discusses reviewing decisions connected to organizing activity or employee complaints.Michael Best & Friedrich
- The article identifies handbook rules, election procedures and severance agreements as areas to watch.Michael Best & Friedrich
- The firm named Scott Beightol, Kristofor Hanson, Kevin Terry and Danny Levandoski as related lawyers.Michael Best & Friedrich