By Nelson Cary on Posted in NLRBBy Nelson Cary and Ashley Manfull Recognizing that the increased use of social media by employees commenting on work-related matters has led to many complex issues for employers, the Acting General Counsel (AGC) issued its first report in August 2011 summarizing cases involving social media issues. As the complexities of this issue are far from resolved,… Continue Reading
By Nelson Cary on Posted in NLRBBy Nelson Cary and Ben Shepler New year, same controversial NLRB. In a decision that seems destined for appeal, the NLRB recently ruled that employers may not utilize individual arbitration agreements that prevent employees from joining in employment-related class or collective actions. The NLRB’s decision is notable because, among other things, it arguably conflicts with both the Federal… Continue Reading
By Nelson Cary on Posted in NLRBBy Nelson Cary and Ashley Manfull Recent actions by the NLRB’s Acting General Counsel and administrative law judges (highlighted in prior posts on this blog) have caused great concern for labor professionals grappling with the inappropriate comments of employees posted on social media. The fear, based on these prior actions, is that disciplinary action will result… Continue Reading
By Nelson Cary on Posted in NLRBBy Nelson Cary and Ashley Manfull On September 28, 2011, NLRB Administrative Law Judge (ALJ) issued a decision regarding the Section 7 rights of employees who criticize their employers via electronic media. This decision comes approximately three weeks after the decision in Hispanics United of Buffalo, ALJ Case No. 3-CA-27872, where an ALJ ruled that five… Continue Reading
By Nelson Cary on Posted in NLRBBy Nelson Cary and Ashley Manfull On September 2, 2011, an NLRB Administrative Law Judge (ALJ) issued the first decision on the question of employees’ Facebook posts. The decision, applying a liberal interpretation of protected, concerted activity under the NLRA to the online activities of employees, comes on the heels of the Office of the General… Continue Reading
By Nelson Cary on Posted in NLRBNow that social media is more or less ubiquitious, labor professionals must be keenly aware of the complex issues that spring from the intersection of employee relations and social media. As readers of this blog know, this is an area of the law that has gained a significant amount of attention over the last few months. As… Continue Reading
By Nelson Cary on Posted in NLRBThe NLRB, this time through its regional office in Buffalo, New York, has issued another complaint (pdf) against an employer in a case involving Facebook postings. The employer alleged to have violated the NLRA is Hispanics United of Buffalo, Inc., a non-profit organization. According to the NLRB, employee "A" posted allegations of employee "B" to employee… Continue Reading
By Nelson Cary on Posted in NLRBEmployers are often faced with employees who complain about issues with their employment. When employees engage in "protected, concerted activity," however, the NLRA prohibits employers from taking disciplinary action against them. A recent case from the NLRB is a good reminder of this rule. In Wyndham Resort Development Corp., 356 N.L.R.B. No. 104 (March 2, 2011),… Continue Reading
