Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: protected activity

NLRB Invalidates Arbitration Agreement Prohibiting Class/Collective Actions

Posted in NLRB
By 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

One for the Employer: Social Media Posting Results in Lawful Termination

Posted in NLRB
By 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

ALJ Finds No Violation for Termination Over Facebook Posting

Posted in NLRB
By 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

ALJ Determines Employee’s Discussion on Facebook Regarding Co-Worker’s Job-Related Criticism is Protected, Concerted Activity

Posted in NLRB
By 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

Another Employer Finds Itself in Trouble Over Facebook Posting

Posted in NLRB
The 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

Employer Discipline Against Complaining Employee Ruled Unlawful by NLRB

Posted in NLRB
Employers 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

Employer Settles Complaint Arising from Discipline for Facebook Posting

Posted in NLRB
Last November, the NLRB’s regional office in Hartford, Connecticut, issued a complaint against an employer that had disciplined an employee for something she posted on her Facebook page.  The unfair labor practice complaint was previously reported on this blog. Yesterday, the NLRB announced that the employer had agreed to settle this charge.  As it relates to the portion of the… Continue Reading

Discipline Over Social Media Use Lands Employer Unfair Labor Practice Complaint

Posted in NLRB
Employee use of social media causes labor professionals problems with increasing frequency.  Facebook pages, Twitter feeds, and similar outlets seem to provide a never ending stream of possible employee relations scenarios.  In an effort to deal with these issues, many businesses have adopted policies governing employee use of these internet resources.  In addition to addressing the… Continue Reading