An employee raises a group safety concern, then swears at a supervisor. Can the employer discipline the outburst without unlawfully punishing the protected complaint? That distinction is central to the National Labor Relations Board’s (NLRB) recent decision in Lion Elastomers LLC, 375 NLRB No. 41 (September 23, 2026), known as Lion Elastomers III. Lion Elastomers III is the latest decision issued by the NLRB as it concerns the appropriate framework to use in scenarios where employees engage in abusive misconduct while in the midst of otherwise protected activity under the National Labor Relations Act (NLRA). For employers, the practical takeaway is that while the NLRB has returned to a more employer-friendly standard in these situations, it is crucial to ensure consistent policy enforcement and thorough documentation of adverse employment actions.
