National Labor Relations Board Kicks Workplace Civility, Consistent Treatment and Equal Employment Opportunity Laws to the Curb

EMPLOYERS CANNOT DISCIPLINE UNLESS MISCONDUCT DURING "PROTECTED CONCERTED ACTIVITY" IS "SO EGREGIOUS" AS TO LOSE LEGAL PROTECTION In Lion Elastomers II, the NLRB returned to Atlantic Steel's four-factor test to determine whether an employee's misconduct toward management loses the protection under the National Labor Relations Act (the Act). The NLRB noted the Act recognizes an employer's legitimate interest in maintaining order and respect in the workplace but emphasized that interest must be balanced against employees' Section 7 rights. [...]t] he Board - not employers - referees the exercise of protected activity under the Act. [...]employers must carefully evaluate employee misconduct and discern whether it arguably is committed in the context of protected concerted activity - before implementing discipline.