D.C. Circuit Gives NLRB Chance to Rethink Worker Speech Rules

Sept. 17, 2021, 8:48 PM

A federal appeals court in Washington returned to the National Labor Relations Board an issue that gives the newly Democratic majority board a chance to reconsider a Trump-era precedent dialing down worker protections for workplace activism.

It was given that opportunity on Friday when the U.S. Court of Appeals for the D.C. Circuit granted the NLRB’s request to remand to it a portion of a case involving the allegedly unlawful termination of a Chicago-area automobile dealership employee. The board sought the return because it had decided the firing issue under a now-defunct legal test for determining when worker outbursts with ...

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