Labor Relations Update

Tag Archives: facebook

Two Employees, Social Media, An Unlawful Policy. . .What Could Possibly Go Wrong?

The advent of social media resulted in a feverish effort by the NLRB to keep up with new technology.  In reality, the legal standard for evaluating whether conduct is protected concerted activity did not change.  Rather, all the excitement was over the fact employees were being punished for things they said on social media, which was … Continue Reading

Employer Merely Granted Employee’s Wish To Be Terminated, NLRB Div. Of Advice Rules

Social media permeates society.  It was inevitable that the increased use of smart phones and various communications platforms such as Facebook and Twitter would clash with the workplace.  We have noted several instances where the NLRB has alleged that employer action in response to social media posts is unlawful, as well as its seemingly endless review … Continue Reading

Holiday Season Extravaganza: NLRB Issues Flurry Of Law Changing Decisions

Last week the NLRB issued several significant decisions.   In the press release announcing the decisions, the agency noted that most were actually issued “the week of December 10, but were issued this week following editing and formatting which is typical for the final decisions in a Member’s term.”  This is a reference to Member Hayes’ … Continue Reading

NLRB Developments Post-Election – What The Future May Hold In Labor Relations

Now that the election is over, one of the main questions being asked is, what next?  We recently held a Webinar entitled “The Latest at the NLRB and Post-Election Developments” to address this question.  It seems clear that with Congress still divided that there likely will not be much in the way of legislative change.  The pressing issues … Continue Reading

Update: NLRB Upholds Termination For Facebook Posting, But Nails Employer For Unrelated Handbook Policy

The NLRB has received a lot of attention for its actions the last couple years.  One of the storms was caused by the agency’s attention to employer actions based on employee Facebook postings.  More to the point, employers were not too thrilled with some things being posted by employees on the internet for the multitudes to see, … Continue Reading

Acting NLRB GC Issues Additional Report On Social Media – Somewhat Useful

The Acting General Counsel of the NLRB has issued today an “updated” report on social media cases.   As we have reported frequently here, the NLRB has taken action against employers who clamp down on employee use of social media that may implicate the National Labor Relations Act.  At times, the NLRB has struggled with … Continue Reading

Finding Certain Facebook Activity To Be Unprotected, NLRB Dismisses Two Charges

The intersection of social media and employee rights under the National Labor Relations Act has received a great deal of attention in recent months, including recently on this blog.  Social media sites such as Facebook and LinkedIn have made it very easy for people to stay connected.  With a simple push of the button, everyone in … Continue Reading

Rhyme or Reason? Trying to Make Sense of the NLRB’s Social Media Cases

Since the NLRB’s Office of the General Counsel (“OGC”) issued the first “Facebook” complaint in American Medical Response of Connecticut, Inc. in October, 2010, dozens of unfair labor practice charges involving social media have been filed, the Acting General Counsel has identified social media cases as a priority, and gallons of electronic ink have been … Continue Reading

NLRB Pokes Another Employer For Facebook Related Discharge, Issues Complaint

The NLRB continued its efforts to poke employers who discipline or discharge employees who make disparaging comments on Facebook.  According to a May 24 press release, the NLRB issued yet another Complaint against an Illinois car dealer, Knauz BMW, after it terminated a salesman for content he posted on Facebook.  The press release states the salesman … Continue Reading

NLRB Issues Complaint in NY Facebook Case

In its latest effort to address social media in the workplace, the National Labor Relations Board announced in a May 18 press release that it had filed a complaint against a New York non-profit organization alleging that it unlawfully terminated five employees who complained about working conditions on Facebook. According to the complaint filed by … Continue Reading

NLRB General Counsel Allows Discharge for Inappropriate “Tweeting”

Employee use of social media remains at the forefront of issues at the National Labor Relations Board.  Coming on the heels of the NLRB General Counsel’s decision to issue a complaint against an employer who fired an employee for her postings on Facebook (the first time such on-line activities were considered “protected, concerted activity” by the … Continue Reading

Settlement Reached In NLRB Facebook Posting Case

The infamous NLRB Facebook posting has been resolved, leaving with barely a whimper as opposed to the explosion of social media induced unfair labor practice charges every employer feared. The NLRB announced on February 7 that settlement had been reached in the case of the ambulance driver who was discharged for posting negative comments about her supervisor on her … Continue Reading
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