Posts tagged Lion Elastomers decision
Labor Board Dumps Biden-Era Framework for Offensive Conduct
September 29, 2026 // The decision hands employers a major win by effectively wiping the controversial Lion Elastomers ruling off the books and reinstating General Motors’ more employer-friendly framework for deciding when worker language or conduct is so egregious that it loses the protection of the National Labor Relations Act. It shows the impact of new member James Macy giving the Republican majority the third member it needed to change board law. General Motors calls for the well-worn Wright Line standard, frequently used to determine whether a worker’s rights have been violated, to be the test for analyzing worker outbursts during activities otherwise shielded by the NLRA.
Biden Pushes Early Renomination of Failed NLRB Chair in Effort to Deny Possible Trump Administration Control over Labor Board
June 12, 2024 // The NLRB is composed of five members, usually three of whom are from the president’s political party and two from the opposing party. The Board uses both adjudication and rulemaking to put forward its interpretations of the NLRA, but it needs a quorum of three members to act. Currently, there are four Board members (see Board composition here). Three of the members are Democrats, while one is a Republican. The other Republican seat has been vacant since December of 2022, because President Biden chose not to nominate anyone to that vacancy for a year and a half. While agency vacancies and delays on nominations are nothing new in Washington, this one is notable and shows an unusual partisanship and dishonesty.