In what could signify the beginning of the end for Purple Communications, Inc., 361 NLRB 1050 (2014) and guaranteed employee access to Employer computer systems for union organizing purposes, the NLRB issued a notice on August 1 inviting the filing of briefs on whether the Board should uphold, modify or overrule the decision. Under Purple … Continue Reading
In a decision that reverses existing case law on employee use of employer email, the National Labor Relations Board (with two members filing separate dissents) has decided that under certain circumstances employees do have the right to use and employer’s email to engage in protected communications under the National Labor Relations Act. Purple Communications, Inc., … Continue Reading
In Richmond District Neighborhood Center, Case 20-CA-091748 (Oct. 28, 2014), the Board upheld an Administrative Law Judge’s ruling that a conversation between two employees, who were involved with student programming at the neighborhood center, was not protected under the NLRA. During the course of their Facebook exchange, which included obscenity-laced statements regarding how they would … Continue Reading
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 Rules and Social Media Policies Continue to Perplex The NLRB may be getting #SocialMedia, but confusion concerning employer work rules and social media policies became obvious yet again in Professional Electrical Contractors of Connecticut (June 4, 2014). In this decision, ALJ Raymond Green wrote that “a legitimate conflict of principles . . . will require … Continue Reading
‘April rulings bring May muddling’ might be a better way to tweet recent social media decisions at the National Labor Relations Board (NLRB) given the Board’s ruling in Durham School Services (April 25, 2014) and an Administrative Law Judge’s (ALJ) opinion in Kroger Co. of Michigan (April 21, 2014). Together, these two decisions show that the … Continue Reading
A 2012 Advice Memo from the National Labor Relations Board’s (“NLRB”) General Counsel was recently publicly released in response to a Freedom of Information Act request. While the Advice Memo applies the long-standing framework used by the NLRB to evaluate the lawfulness of workplace rules more generally, it is noteworthy because it addresses a number of hot … Continue Reading
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
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
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
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
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
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
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
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
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