5th Circuit Vacates NLRB Misconduct Ruling For Exceeding Scope Of Remand

(July 15, 2024, 1:50 PM EDT) -- NEW ORLEANS — The National Labor Relations Board exceeded the scope of a remand and violated an employer’s due-process rights when it sought remand of a case concerning employee misconduct during activity protected by the National Labor Relations Act (NLRA) to apply the new interpretation in General Motors LLC and instead used the proceeding to overrule that interpretation, a Fifth Circuit U.S. Court of Appeals panel ruled....