NLRB Restores Burden-Shifting Standard for Labor Misconduct Claims
What happened
The National Labor Relations Board restored the burden-shifting standard for determining if employees lose National Labor Relations Act protection for misconduct during protected activity, such as strikes or social media activity. Under the restored test, the Board's general counsel must prove that the employer knew of the protected activity and that antiunion animus was a motivating factor in the adverse action. If that initial burden is satisfied, the employer must then prove the disciplinary action would have occurred regardless of the protected activity.
From natlawreview.com
Why it matters
The decision changes the legal threshold for employers defending disciplinary actions against union activity. This shift could reduce legal risk for companies like General Motors when managing labor relations and enforcing consistent policy.
From natlawreview.com
Who's involved
- National Labor Relations BoardIssued the decision regarding labor practices under the National Labor Relations Act.
- General MotorsIs the company whose labor practices are affected by the NLRB ruling.
- SaltchukMust comply with mandates from the National Labor Relations Board regarding federal labor law.
Who could feel it
Possible knock-on effectsThese are possibilities Brind reasoned out, not predictions, and not advice. Most are not stated in any report.
- General MotorsSpeculative
Might see reduced legal costs or lower regulatory risk associated with defending employee disciplinary decisions.
Keep exploring
The entities involved
-
National Labor Relations Board
independent agency of the United States Government
Nothing else this week.
-
General Motors
American multinational automotive company