Adams and Reese Partner Michael MacHarg had his article “NLRB Outburst Ruling Hampers Employer Discipline Options” published in the Law 360 Employment Authority “Expert Analysis” section.
In a recent decision involving rubber manufacturer Lion Elastomers, the National Labor Relations Board overruled the 2020 General Motors decision, making it difficult for employers to punish workers for abusive and profane speech, therefore expanding protections in a more employee friendly direction.
MacHarg discusses prior job misconduct rulings and adds analysis to the implications of the Lion Elastomers decision. “The ping-pong match between the well-practiced and Supreme Court approved Wright Line test and the NLRB test that provides greater protection for profane employee outbursts swung back to the latter in Lion Elastomers.”
Over the course of his career, MacHarg has assisted clients with union avoidance, collective bargaining, contract administration, unfair labor practices, grievance and arbitration, wage and hour issues, and discrimination. He has successfully represented management in dozens of union organizing campaigns and has conducted more than 1,000 unfair labor investigations. Additionally, he has extensive experience related to workplace safety and health issues including compliance, audits, and citation defense.