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Lion Elastomers LLC and U.S. Steelworkers, Local 228

372 N.L.R.B. No. 83 (2023)

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Lion Elastomers LLC and U.S. Steelworkers, Local 228

National Labor Relations Board
372 N.L.R.B. No. 83 (2023)

SC

Facts

Joseph Colone (plaintiff) filed a complaint at the National Labor Relations Board (NLRB) against his employer. Colone alleged that his employer engaged in abusive conduct, including threats, discipline, and ultimately termination, all because he was engaged in union activity that was protected under § 7 of the National Labor Relations Act (the act). In May 2020, the NLRB found that Colone’s employer had violated § 8 of the act, which prohibited employers from threats, discipline, and discharge in response to protected § 7 conduct. Colone’s employer appealed the decision to the United States Court of Appeals for the Fifth Circuit. In July 2020, the NLRB issued a decision in General Motors, LLC that overruled decades of NLRB precedent regarding employee conduct under § 7. Generally, that precedent held that some offensive employee conduct is inevitable in connection with § 7 activities and that such conduct does not take the employee outside the protections of § 7 unless the conduct is egregious. The court of appeals remanded the case to the NLRB for a determination of the impact of General Motors on the instant case. In the interim, President Biden appointed a new Democratic majority to the NLRB.

Rule of Law

Issue

Holding and Reasoning ()

Dissent (Kaplan, Member)

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