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
Search results for: social media
NLRB Gets #SocialMedia: Board and ALJ Rulings Recap
By Ronald Meisburg on
‘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,…
Déjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal Issues Hanging in the Balance
For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025.
While we anticipate that President-elect Trump will immediately terminate the current General Counsel (and Deputy General Counsel)—just as President…
When It Rains, It Pours – Several Appeals Lined Up to Challenge NLRB Precedent in Court
By Paul Salvatore, Joshua Fox & Hannah Morris on
We have reported extensively over the last few years regarding the many pro-labor decisions issued by the National Labor Relations Board (“NLRB”), which largely align with General Counsel (“GC”) Jennifer Abruzzo’s expansive prosecutorial agenda (discussed here and here). However, employers have not sat idly by in response to such…
NLRB Flips (Again), Reinstates Context-Specific Standards For Employee Misconduct
By Mark Theodore, Joshua Fox & Ross Evans on
On Monday, the National Labor Relations Board (“Board”) issued a decision making it riskier and more complicated for employers to discipline employees for abusive workplace conduct alleged to have arisen within the context of protected activity under Section 7 of the National Labor Relations Act (the “Act”). In Lion Elastomers…
UPDATE: Fifth Circuit Affirms NLRB Ruling In Tesla Case, Ordering Elon Musk to Delete Union-Related Tweet
By Joshua Fox & David Gobel on
On March 31, 2023, the United States Court of Appeals for the Fifth Circuit affirmed a National Labor Relations Board (“NLRB”) decision issued in 2021 (previously discussed here), which held that Tesla Inc. violated the National Labor Relations Act (“NLRA”) by (1) prohibiting employees from contacting the media in…
NLRB General Counsel Abruzzo Encourages Regions to Utilize More Significant Remedies When Resolving Unfair Labor Practices
By Steven Porzio & Elizabeth Dailey on
In keeping with the momentum of her Office, National Labor Relations Board General Counsel Jennifer Abruzzo issued a memorandum yesterday to all Regional Offices advising them to request that the Board exercise its broad discretion in fashioning remedies for workers impacted by unfair labor practices, indicating the General Counsel’s intent…