Recent Posts
The Legal Stuff
BT Labor Relations - Current News and Practical Analysis
2

31 Jul 2017 ‘Absurd Results’: NLRB Takes ‘Facebook Discipline Cases’ to New Heights (Or New Lows, Depending on Your Point of View)

  In a July 27 opinion that National Labor Relations Board (NLRB) Chairman Philip Miscimarra characterized as “absurd,” a majority of NLRB members overturned an employee’s discharge for a Facebook post that encouraged a former coworker to sue the company. The case was filed against Butler Medical Transport, LLC, by former employees challenging terminations made pursuant to the company’s social media policy.   The social media policy at issue provided, “I will refrain from using social…

READ MORE
0

21 Apr 2015 Unions Get Free Pass From The NLRB When It Comes To Facebook Postings?

Anyone who follows this labor blog (or even remotely monitors labor relations issues) knows employers have been getting hammered by the NLRB in recent years for disciplining employees for making inappropriate comments on Facebook (as well as maintaining policies meant to deter such conduct). So what happens if a union allows illegal content to be posted on its Facebook page? Does it face the same level of scrutiny that an employer would? Unfortunately, it appears…

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

14 Nov 2013 NLRB Judge Gives a “Like” to Facebook-Related Termination

In a slightly surprising decision, National Labor Relations Board (NLRB) Administrative Law Judge Jay R. Pollack recommended the dismissal of a complaint involving the termination of two former employees of the Richmond District Neighborhood Center, a non-profit organization in the San Francisco Bay Area that runs community programs including after-school and summer programs for youth. The decision is all the more surprising because Judge Pollack agreed with the General Counsel that the employees at issue…

READ MORE