NLRB overturns 2023 standard in Lion Elastomers III on employee misconduct during protected activity
Key points
- On Sept. 23, 2026 the NLRB overturned the 2023 Lion Elastomers II decision in Lion Elastomers III
- The decision was based mostly on procedural grounds
- The ruling concerns discipline analysis for employee misconduct during Section 7 protected activity
According to a Littler Mendelson article, on Sept. 23, 2026 the NLRB, with a new three-member Republican majority, issued Lion Elastomers III, overturning mostly on procedural grounds the 2023 Lion Elastomers II decision. The latter had replaced the more employer-friendly framework set by the Trump-era 2020 General Motors decision. The ruling concerns how discipline is analyzed when employees commit misconduct during activity protected under Section 7 of the NLRA.
What employers should do
- NLRA-covered employers can review discipline policies and processes for employee misconduct during protected activity
Policy details
- Jurisdiction
- Federal
- Status
- Enforcement action
- Effective date
- —
- Employers covered
- NLRA-covered employers
- Official source
- Official source pending
Original report: CBIA ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.