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Labor Relations Update

Tag Archives: Social Media

Reading the NLRB Signs at the Triple Play Sports Bar

Posted in Employer policies, Facebook, Handbook, NLRA, Protected activity, Social Media, Social Media Policies, Uncategorized

In Three D, LLC d/b/a Triple Play Sports Bar and Grille, 361 NLRB No. 31. (August 22, 2014), the National Labor Relations Board ruled that an employee “liking” a status on Facebook is engaging in protected concerted activities under the NLRA.   Employees were unlawfully terminated for ranting about the employer’s tax-withholding error, which resulted in… Continue Reading

NLRB Work Rule Decisions Continue to be a Mixed Bag

Posted in Handbook, NLRB, Social Media Policies, Uncategorized

As the NLRB continues to wade through the pool of issues arising from social media policies and other workplace rules, an Administrative Law Judge’s recent decision in Cellco Partnership d/b/a Verizon Wireless (July 25, 2014) illustrates the growing number of problems employers face in developing corporate policies and the variability of NLRB decisions. In this… Continue Reading

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

Posted in Advice, Facebook, General Counsel, Handbook, NLRA, NLRB, Non-Union employers, Protected activity, Section 7, Section 8(a)(1), Social Media, Social Media Policies

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

NLRB Pulls Back A Little More On Policy Frenzy, Finds Code Of Conduct Does Not Violate The Act

Posted in Advice, At-Will, Employer policies, General Counsel, Handbook, Mandatory submissions, NLRA, NLRB, Section 7, Social Media Policies, Uncategorized

As we have seen repeatedly in the last year, the NLRB has taken it upon itself to police employer policies often finding a phrase or two to be a violation of the Act.  In recent months we have seen the NLRB seemingly pullback on this trend, taking a much closer look at the context of… Continue Reading

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

Posted in At-Will, Bargaining units, Employer policies, Facebook, General Counsel, Handbook, NLRA, NLRB, Off-duty Access, Section 7, Section 8(a)(1), Social Media Policies

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

Social Media In Perspective: Labor and Employment Law Developments

Posted in General Counsel, NLRB, Social Media, Unfair Labor Practices

Following on the success of our March webinar, “Labor Relations Update: Live,” Ronald Meisburg and Katharine Parker will be presenting a webinar on Wednesday, June 13th, entitled “Social Media in Perspective – Labor and Employment Law Developments.”  Ronald is a frequent author of this blog and the co-head of Proskauer’s Labor-Management Relations Group.  Katharine is… Continue Reading

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

Posted in Facebook, General Counsel, Social Media

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

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

Posted in Employer policies, General Counsel, NLRA, NLRB, Non-Union employers, Protected activity, Section 7, Social Media, Unfair Labor Practices

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 Issues Complaint in NY Facebook Case

Posted in NLRB, Protected activity, Section 7, Section 8(a)(1), Social Media

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”

Posted in General Counsel, NLRB, Non-Union employers, Protected activity, Section 7, Social Media

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

Posted in Employer policies, NLRB, Unfair Labor Practices

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