The United States Court of Appeals for the Third Circuit recently issued an opinion that reversed a decision by the National Labor Relations Board about whether a comment by a management representative was a threat to workers or a mere
Appellate Court Reverses NLRB, Holding Tweet About “Salt Mines” Not an Unfair Labor Practice
Last week, the Third Circuit reversed a National Labor Relations Board (“NLRB”) decision finding that FDRLST Media, publisher of online news magazine The Federalist, unlawfully threatened its employees when its Executive Officer tweeted about sending employees “to the salt mine”
Third Circuit Tells the NLRB to Lighten Up and Take a Joke
The U.S. Court of Appeals for the Third Circuit has found that Ben Domenech, executive officer and publisher of the right-leaning media company The Federalist, did not threaten employees when he tweeted that he would send them “back to the
Federal court holds that the NLRB doesn’t have a sense of humor
On June 6, 2019, unionized employees of Vox Media, a left-leaning digital media company, walked off the job during union contract negotiations. That same day, Ben Domenech, executive officer of FDRLST Media and publisher of The Federalist (which
NLRB Finds Executive’s Joking Tweet Violated Federal Labor Law
Given the pervasiveness of social media in society, the National Labor Relations Board has been forced to frequently weigh in on the intersection between employee and employer’s social media activity and labor law. The Board has released a great catalog
NLRB: Employer Tweet Unlawfully Restrained Protected Activity
On November 24, 2020, the Board held that a high-level executive’s tweet violated Section 8(a)(1) of the NLRA by interfering with or restraining employees’ protected, concerted activity.
In FDRLST Media, LLC, 370 NLRB No. 49 (2020), the Board reaffirmed