loader
Page is loading...
Print Logo Logo
generic_insight_detail

A Rare Facebook “Like” for Employers: NLRB Overturns ALJ, Finds Lack of Evidence to Support Facebook Post as Protected Activity


The NLRB granted an unusual win for the employer last week in a case involving Facebook posts and potential protected activity. In World Color (USA) Corp., 360 NLRB No. 37 (Feb. 12, 2014) , the Board found that there was not enough evidence in the record to determine whether an employee's Facebook posts, allegedly critical of the employer and containing comments about the union, were protected activity. Accordingly, an allegedly interfering/coercive comment made by a supervisor asking the employee "if he did not think that management knew about his Facebook posts" did not violate the NLRA. The Board overturned the ALJ, who had found the supervisor's comments to violate Section 8(a)(1).

In determining that there was not enough evidence to conclude that the Facebook posts were protected activity, the Board noted that the evidence "reveals neither that the posts concerned terms and conditions of employment, nor that the posts were intended for, or in response to, [the employee's] coworkers." This seems to be the standard that the Board is taking when determining if a social media post could be considered protected activity.

The World Color decision is somewhat surprising given the Board's aggressive stance on Facebook and social media posts in the last few years. However, despite the Board's favorable ruling in this case, social media remains a hot topic and employers should continue to be cautious when dealing with discipline or terminations that involve social media posts or comments.

See all of our posts on social media issues here .


RELATED ARTICLES

NLRB Proposes Rescinding Trump Board Rule and Expanding Definition of ‘Joint Employer’

September 8, 2022 | Labor Relations, National Labor Relations Board

With Tesla Decision, NLRB Rules Dress Codes Unlawful That Restrict Pro-Union Apparel

September 6, 2022 | Labor Relations, National Labor Relations Board

How Much of Current Unionization Boom Is Attributable to Nationwide Starbucks Campaign?

September 1, 2022 | Labor Relations, National Labor Relations Board, Union Organizing

Will Nonunion Employees Have Weingarten Rights in the Workplace Soon?

August 8, 2022 | Labor Relations, Unions and Union Membership

Crosshairs: Labor Board Targets Gig Economy, Noncompete Agreements, and More

July 26, 2022 | Labor Relations, National Labor Relations Board

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
NLRB
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.