For those remaining non-union skeptics who wonder "why do you keep talking about the NLRB?" in these alerts, this latest decision may just make believers out of you that the NLRB is a force to be reckoned with - even if you are not unionized.

InHuman Services Projects, Inc., 358 NLRB No. 2 (2012), the NLRB upheld an Administrative Law Judge's finding that a (non-union) employee who told his supervisor to "make him" and gestured for the supervisor to come over and fight him when the supervisor told the employee to leave the employer's premises at the end of his termination meeting was engaged in protected "concerted activity" under the NLRA - even though the police ultimately had to be called and escort the employee off the employer's premises in handcuffs in order to make him leave!

If we had given you this scenario as part of an HR training course and asked "how many of you would say termination was warranted here?" we would imagine 99 if not 100% would have said "YES, DEFINITELY!"

So, why wasn't it here?

Please see full alert below for more information.