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Labor Relations Today

Category Archives: Social Media

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@LRToday Morning Round-Up: January 15, 2014

Posted in Federal Court Litigation, Media Round-Up, Negotiations, NLRB Administration, Pensions, Remedies, Social Media, State/Local Issues, Unfair Labor Practices, Unions
ALJ Finds Dress Policy Unlawful: Ben James of Law360 ($$) writes that this past Monday, a National Labor Relations Board Administrative Law Judge found that a Massachusetts Honda dealer’s dress policy violated the National Labor Relations Act.  The ALJ also held that the dealer had further maintained unlawful policies in its handbook regarding social media, although those … Continue Reading

Labor Relations Today Releases ‘Labor Law 2013: A Year in Review’

Posted in Bush Board Reversal, Corporate Campaigns, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Filibuster, Government Contracting, House of Representatives, Legislation, Negotiations, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House
MLA labor attorneys are pleased to announce the publication of Labor Law 2013: A Year In Review.  This marks the third straight year that we have produced this annual review of developments in traditional labor law and labor-management relations.  2013 began with unprecedented uncertainty, as several federal courts repudiated the authority of the National Labor Relations Board … Continue Reading

NLRB ALJ Upholds Employer’s Recording Ban Designed to Promote ‘Open Communication, Free Exchange’

Posted in NLRA, NLRB Decisions, Social Media, Unfair Labor Practices
As a follow up to our post yesterday about how one employer’s employees publicized an internal  meeting about an upcoming union election, this week a National Labor Relations Board administrative law judge issued a decision in Whole Foods Market, Inc., Case No. 01-CA-096965 (Oct. 30, 2013), upholding an employer rule prohibiting the recording of conversations. … Continue Reading

Not a Trick or Treat: Employees are Recording and Publicizing Management’s Union Campaign Communications

Posted in Corporate Campaigns, NLRA, NLRB Decisions, Representation Elections, Social Media, Unfair Labor Practices, Unions
In a public relations nightmare for a Georgia employer, Gawker.com published yesterday an article analyzing a 21-minute audio recording (and the recording itself) consisting primarily of a meeting between management and employees to discuss an upcoming union election and what the employees could expect in the next month leading up to the election. This was … Continue Reading

@LRToday Morning Round-Up: May 16, 2013

Posted in Media Round-Up, Negotiations, NLRB Misc., Presidential Appointments, Senate, Social Media, Unions
Charges Over Facebook Discipline Set to Continue, RDs Say: Ben James of Law360 ($$) writes that yesterday, a panel of National Labor Relations Board (NLRB) Regional Directors and private-sector management-side attorneys discussed current hot topics in labor relations at Cornell’s School of Industrial and Labor Relations in Manhattan. In particular, the panel discussed the recent spike in Board … Continue Reading

@LRToday Morning Round-Up: May 6, 2013

Posted in Media Round-Up, NLRB Decisions, Social Media, Unfair Labor Practices, Unions
Board Reinstates Worker Fired Over Facebook Postings: Abigail Rubenstein of Law360 ($$) reports that last week, the National Labor Relations Board (NLRB) affirmed an Administrative Law Judge’s decision to reinstate a New York City Tour Guide who was fired by his employer for posting about the company on Facebook. The employee, surprisingly, did not actually direct … Continue Reading

@LRToday Morning Round-Up: April 29, 2013

Posted in Media Round-Up, NLRB Decisions, Social Media, State/Local Issues, Unions
Board ALJ Nixes UPMC Social Media Policy: Matt Fair of Law360 ($$) writes that a National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) held in a decision issued last week that University of Pittsburgh Medical Center (UPMC) was maintaining a social media policy that violated Section 7 of the National Labor Relations Act. In pertinent part, the policy at issue effectively prevented … Continue Reading

@LRToday Morning Round-Up: April 25, 2013

Posted in Media Round-Up, NLRB Decisions, Social Media, Unfair Labor Practices, Unions
Board Finds Facebook Posts to be Protected Activity: Abigail Rubenstein of Law360 ($$) writes that last Friday, the National Labor Relations Board affirmed an Administrative Law Judge’s finding that Bettie Page Clothing in San Francisco, CA unlawfully terminated employees for criticizing store management on Facebook. The Board agreed with the ALJ in finding that the posts, related … Continue Reading

Labor Relations Today Releases ‘Labor Law 2012: A Year in Review’

Posted in Federal Court Litigation, House of Representatives, Legislation, Media Round-Up, Negotiations, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House
It was going to be hard to top 2011 in terms of unique and dynamic labor law developments. But 2012 may just have lived up to the task. Seeking to ensure that the Board would have a quorum to operate during the year, on January 4, 2012, President Obama attempted the "recess" appointment of three … Continue Reading

@LRToday Morning Round-Up: January 23, 2013

Posted in Media Round-Up, NLRB Misc., Social Media, Unfair Labor Practices, Unions
Wisconsin Bargaining Law Upheld by 7th Circuit: Michael Bologna of Bloomberg BNA ($$) reports that the U.S. Court of Appeals for the Seventh Circuit has upheld Wisconsin’s 2011 law limiting collective bargaining rights of the majority of public sector workers. In so doing, the Court reversed an earlier District Court ruling invalidating the law. The Seventh Circuit held, contrary … Continue Reading

@LRToday Morning Round-Up: January 22, 2013

Posted in Media Round-Up, NLRB Decisions, Social Media, State/Local Issues, Unfair Labor Practices
Board to Hear Challenge to Bus Strike: Ben Chapman of the New York Daily News reports that the National Labor Relations Board will hear the New York bus companies’ challenge to a labor strike by New York City school bus drivers today. After the Board hears from both sides, it will rule on the legality of … Continue Reading

National Labor Relations Board Issues First Decision Striking Down Employer’s Social Media Policy

Posted in Social Media
Following years of attention by its Regional Offices and Acting General Counsel, the National Labor Relations Board has issued its first decision regarding the legality of an Employer’s social media policy. In Costco Wholesale Corp., 358 NLRB No. 106 (Sept. 7, 2012), the Board found several elements of the employer’s electronic posting policy to violate … Continue Reading

@LRToday Morning Round-Up: June 19, 2012

Posted in Media Round-Up, Micro Units, Social Media
NLRB Presses On with Duquesne Union Election: Bill Schackner of the Pittsburgh Post-Gazette reports that the NLRB denied Duquesne University a religious exemption it sought regarding the NLRB’s jurisdiction over it. The university cited a 1979 Supreme Court case in support of its position, but the Board noted that in 1982 the NLRB asserted jurisdiction … Continue Reading

@LRToday Morning Round-Up: May 31, 2012

Posted in Media Round-Up, Social Media
New Social Media Guidance: The National Labor Relations Board’s Acting General Counsel issued a third memorandum on social media cases. The memo details seven cases involving social media policies. According to Lafe Solomon, the Acting General Counsel, I hope that this report, with its specific examples of various employer policies and rules, will provide additional … Continue Reading

@LRToday Morning Round-Up: May 30, 2012

Posted in Media Round-Up, Social Media
More on NLRB Member Flynn’s Resignation: Abigail Rubinstein of Law360 (paid) writes that Flynn’s resignation "sets the stage for another high-stakes political confrontation between the president and Congress over the board’s composition, even as the fight over previous appointments continues in the courts." Meanwhile, William McQuillen writes in Bloomberg Businessweek that the four other Board members … Continue Reading

Court Reinstates NYC Teacher Fired For ‘Repulsive’ Facebook Posts About Students

Posted in Social Media, State/Local Issues
Regular readers of this blog have followed our coverage of the National Labor Relations Board’s efforts to expand the protections afforded to employee use of social media.  Following the Acting General Counsel’s recent issuance of a second report on social media cases, many of our co-contributors to “Think Before You Click: Strategies for Managing Social … Continue Reading

NLRB Acting General Counsel Issues Second Social Media Report

Posted in Alternative Labor Law Reform, NLRA, NLRB Decisions, Social Media, Unfair Labor Practices
Last week, National Labor Relations Board Acting General Counsel Lafe Solomon issued a second report summarizing cases involving social media issues reviewed by his office. The report is a sequel to a similar report issued by the AGC in August 2011 – around the time we contributed a chapter on the subject to Jon Hyman’s excellent compilation “Think … Continue Reading

Labor Relations Today Releases “Labor Law 2011: A Very Active Year in Review”

Posted in Executive Orders, Federal Court Litigation, Government Contracting, Legislation, Negotiations, NLRA, NLRB Administration, NLRB Decisions, NLRB Misc., NLRB Rule-Making, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, Unfair Labor Practices, White House
2011 was the most dynamic year in labor law in quite some time.  Fueling many of the changes last year were the impending departures of National Labor Relations Board Chairman Wilma Liebman and Member Craig Becker. With no certainty as to when Liebman or Becker might be properly replaced, the Board acted aggressively while it … Continue Reading

ALJ Rules Facebook Firing Did Not Violate National Labor Relations Act, Although Some of Employer’s Workrules Did

Posted in NLRA, Social Media, Unfair Labor Practices
Last week, another National Labor Relations Board ALJ ruled in part for, and in part against, a Chicago area car dealership on a Board Complaint arising out of the employer’s response to an employee’s Facebook posts.  In Knauz BMW, the Judge found that the employer maintained a number of overly broad workrules in violation of … Continue Reading

ALJ Rules Buffalo Non-Profit Unlawfully Fired Employees for Facebook Postings

Posted in NLRB Decisions, Social Media, Unfair Labor Practices
The first Administrative Law Judge ruling has come down in a social media case before the National Labor Relations Board.  In a September 2, 2011 decision in Hispanics United of Buffalo, 3-CA-27872, an ALJ has ruled that a Buffalo nonprofit organization unlawfully terminated five employees who had posted comments on Facebook in response to a co-worker’s complaint about their job performance. One of the employer’s … Continue Reading

NLRB Acting General Counsel Issues Memorandum Reviewing Board Treatment of Social Media Cases

Posted in NLRA, NLRB Decisions, Social Media, Unfair Labor Practices
Now that we’ve published a chapter on the topic in Jon Hyman’s excellent collaboration “Think Before You Click: Strategies for Managing Social Media in the Workplace,” it seems everyone wants to issue reports on social media and the National Labor Relations Board.  Earlier this month, the U.S. Chamber of Commerce released its report, “A Survey of … Continue Reading

Chamber of Commerce Issues Report on Social Media Issues Before the NLRB

Posted in NLRA, Social Media, Unfair Labor Practices
Regular readers of this blog are well-acquainted with the zeal with which the National Labor Relations Board has been addressing labor law issues arising out of employee use of social media.  You may have read our many posts on this topic, listened to this podcast, or even read our contribution to the book “Think Before … Continue Reading

Friday Podcast: “Round Table Discussion on HR and Social Media – Part 2″

Posted in NLRA, Social Media, Unfair Labor Practices
The second episode of a special two-part edition of Stephanie Thomas’s Proactive Employer Podcast airs this morning.  Following up on last Friday’s episode, I join Jon Hyman (Ohio Employer’s Law Blog; @jonhyman), Molly DiBianca (Delaware Employment Law Blog; Going Paperless; @MollyDiBi), Eric Meyer (The Employer Handbook Blog; @Eric_B_Meyer), Phil Miles (Lawffice Space; @PhilipMiles), Rob Radcliff … Continue Reading

NLRB Division of Advice Provides Additional Guidance on Social Media Issues

Posted in NLRB Decisions, Social Media, Unfair Labor Practices
This month, the National Labor Relations Board Division of Advice has issued three Advice Memoranda recommending dismissal of unfair labor practice charges arising out of employee use of Facebook.  In all three cases, the Division explained that the misconduct for which the employees were terminated did not constitute protected concerted activity, but were rather more … Continue Reading