…But Words Will Never Harm Us? The NLRB Restores Precedent Protecting Abusive Workplace Speech by Employees While They Are Engaged in Protected Concerted and Union Activities.
In a decision that had been anticipated, the National Labor Relations Board (“NLRB” or “Board”) abandoned its short-lived burden-shifting test for determining the legality of employer.
National Labor Relations Board NLRB abandoned burden-shifting test for determining legality of employer discipline of employees engaged in abusive conduct. Employers must now grapple with indefinite factors formerly rendering similar conduct immune from discipline.