Recent Posts
The Legal Stuff
BT Labor Relations - Current News and Practical Analysis
0

18 Mar 2016 Burrito Bowls, Guacamole, &. . .Tweets? NLRB Judge Finds Social Media Policy Unlawful

  There’s more bad news this week for restaurant chain Chipotle Mexican Grill, but this time it has nothing to do with the food.   Last year, we heard about an NLRB decision upholding an administrative law judge’s (ALJ) finding that the restaurant had committed an unfair labor practice. According to the decision, Chipotle had allegedly threatened and interrogated employees who engaged in discussions about their pay. The employee at issue in the case had worked…

READ MORE
0

30 Oct 2014 Advocacy of Insubordination on Facebook Is Concerted But Not Protected Activity

  Finally, there’s a breath of common sense in an NLRB Facebook decision. The board this week upheld the dismissal of a ULP against a neighborhood center which had fired two workers for a profanity-laced discussion on Facebook in which they advocated various acts of insubordination. Richmond District Neighborhood Center, Case 20-CA-091748 (October 28, 2014).   It is critical to note that it was not the profanity that directed the board’s decision. It was the…

READ MORE
0

03 Jul 2014 A Rare Win: NLRB Judge Upholds an Employer’s Social Media Policy

  In sharp contrast to the litany of recent cases where the NLRB has struck down employer social media policies, employers scored a rare win earlier this week in Landry’s Inc. et al., v. Sophia Flores, No. 32-CA-118213.  In Landry’s, an ALJ upheld the social media policy of the Houston-based hospitality operator (and parent company of Bubba Gump).  The judge rules that the policy (now expired) was drafted in a way which did not impinge…

READ MORE
0

29 Aug 2013 First Social Media Policies and Now E-Mail?

In what could be the first salvo in the NLRB’s latest assault, the NLRB Division of Advice has recommended that an NLRB Regional Director issue a complaint against a call center company (Alpine Access) for the restrictions it placed on employee use of the company’s e-mail system. The Advice Division not only concluded that the actions taken by the employer were unlawful under current Board authority in the Register Guard case, the advice memorandum went…

READ MORE
0

23 Jan 2013 New York Times Examines NLRB Social Media Rulings

The New York Times published an interesting article yesterday summarizing the NLRB’s recent focus on employer social media policies. This is a topic we have been following for many months. See our prior posts here. The Times article correctly notes these rulings “apply to virtually all private sector employers” including non-union workplaces. It describes several recent cases and highlights social media policies issued or updated by several large employers, including Wal-Mart, GM and Costco. The New York Times article can be accessed…

READ MORE