After the National Labor Relations Board (NLRB or the Board) finally re-established a quorum with the installation of a Trump-appointed majority, many observers have been expecting the current iteration of the NLRB to overturn several precedents from the Biden administration. Last week, the first of what is likely to be several more dominoes fell.
On September 23, 2026, the NLRB issued in Lion Elastomers LLC. In the 2-1 decision, with two Trump appointees forming the majority and the Board’s lone Democrat dissenting, the Board effectively restored employer-friendly standards for evaluating employee misconduct during union activity — standards the Biden-era Board had worked to dismantle. For employers navigating workplace disputes involving union activity, this decision signals a significant shift in the regulatory landscape and likely portends further changes to come.
Background: A Case of Judicial Whiplash
The Lion Elastomers saga spans three administrations and several trips to the… Read the complete article here...
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