NLRB Returns to Common Sense: Protected Activity under the NLRA Does NOT Give Employees License to Engage in Abusive Workplace Conduct

On September 23, 2026, the National Labor Relations Board (NLRB or Board), in its decision in Lion Elastomers III, has acknowledged that its prior decision in Lion Elastomers II is no longer (and, really, never was) valid as establishing the standard by which to determine whether an employer may lawfully discipline or discharge an employee for engaging in abusive behavior, if that behavior is also tied to the employee’s protected, concerted activities (such as during a union organizing campaign, picketing, or when advocating for changes to employees’ terms and conditions of employment).