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
Employer Merely Granted Employee’s Wish To Be Terminated, NLRB Div. Of Advice Rules
By Mark Theodore on
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…
Holiday Season Extravaganza: NLRB Issues Flurry Of Law Changing Decisions
By Mark Theodore on
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…
NLRB Developments Post-Election – What The Future May Hold In Labor Relations
By Mark Theodore on
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…
Update: NLRB Upholds Termination For Facebook Posting, But Nails Employer For Unrelated Handbook Policy
By Mark Theodore on
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…
Acting NLRB GC Issues Additional Report On Social Media – Somewhat Useful
By Mark Theodore on
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…
Finding Certain Facebook Activity To Be Unprotected, NLRB Dismisses Two Charges
By Mark Theodore on
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…
Rhyme or Reason? Trying to Make Sense of the NLRB’s Social Media Cases
By Scott Faust on
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…