NLRB Asks 5th Circ. To Remand Case On Outburst Precedent

Law360 (June 3, 2021, 5:25 PM EDT) -- The National Labor Relations Board asked the Fifth Circuit to remand an employer's challenge to a ruling that found the company unlawfully disciplined a worker over conduct at a meeting, seeking to reconsider the case under a new standard making it easier to fire workers over outbursts.

In a motion filed Wednesday, the NLRB said the appeals court should remand Lion Elastomers LLC's appeal of a May 2020 ruling that found it violated the National Labor Relations Act by firing employee Joseph Colone because of his union activity. In upholding an administrative law judge's findings, the NLRB said Colone's outburst at...

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