On September 23, 2026, the Board released its decision in Lion Elastomers, LLC (Lion Elastomers III) and returned to the standard it had previously adopted in General Motors regarding how the Board will assess misconduct that occurred while an employee was engaged in activity protected by the National Labor Relations Act. The
By: Saman Haque and Cary Burke
Seyfarth Synopsis: Recently, an Administrative Law Judge (ALJ), issued a decision in two cases that create the opportunity for the National Labor Relations Act to have a more expansive view of what constitutes protected activity. The ALJ’s decision could also provide employees an expanded definition of protected activity by