National Labor Relations Board › Costco

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five... more +

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.

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News & Analysis as of May 25, 2013

Social Media Policies And The NLRB: What Employers Need To Know

by Sheeva J. Ghassemi-Vanni, Saundra Riley, Michael A. Sands | Fenwick & West LLP on 3/4/2013

Social media policies. Chances are your company has one, is in the process of drafting one, or is worried about not having one. Employees continue to gripe about their jobs and their bosses on Facebook, as states like...more

Obama Administration’s Recess Appointments to the NLRB Declared Unconstitutional: All NLRB Decisions Since January 2012 Overturned

by Summer Davis | Bradley Arant Boult Cummings LLP on 2/11/2013

In Noel Canning v. NLRB, the D.C. Circuit Court recently ruled that President Obama lacked the authority to make three recess appointments to the five-member National Labor Relations Board (NLRB), rendering the recess...more

Recess Appointments To Board Invalid - Summary Of Affected Decisions

by Scott T. Silverman | Akerman Senterfitt on 1/30/2013

The United States Court of Appeals for the District of Columbia Circuit issued an order on January 25, 2013, which struck, as unconstitutional, President Obama's recess appointments to the National Labor Relations Board...more

NLRB Decisions Heighten Need for Employers’ Strong Social Media Policies

by Julie Levinson Werner | Lowenstein Sandler LLP on 1/25/2013

Recent National Labor Relations Board (NLRB) decisions have made it clear that employees’ comments on social media sites may be protected activities. Consequently, it’s more important than ever for employers to have clear...more

NLRB Issues Pair of Decisions Limiting Employer Discipline and Policies Regarding Social Media

by Lisa E. Cleary, Adam Pinto, Catherine A. Williams | Patterson Belknap Webb & Tyler LLP on 1/24/2013

The National Labor Relations Board (NLRB) recently issued a pair of decisions helping to clarify the limits on employers’ ability to (1) discipline employees for their social media activities and (2) implement confidentiality...more

Dynamic Year Expected in Labor and Employment Law

by Philip Berkowitz, Huan Xiong | Littler on 1/24/2013

President Obama's re-election, a newly active NLRB, and important decisions pending before the Supreme Court promise to make 2013 an interesting year in labor and employment law – domestically and internationally. Here is a...more

Labor Letter, January 2013: Has The NLRB Outlawed Courtesy?

by James McDonald Jr. | Fisher & Phillips LLP on 1/12/2013

The National Labor Relations Board (NLRB) has attracted attention in recent years for its scrutiny of employer rules and policies regulating conduct of employees – including employees who are not represented by unions or...more

Labor Pains for Employers: NLRB Delivers Twin Employee-Friendly Decisions on Employer Social Media Policies

by Howard Sokol, Todd D. Steenson | Holland & Knight LLP on 12/13/2012

The National Labor Relations Board recently issued two rulings on employer social media policies that can be construed as favorable to employees. As a result, it is recommended that employers take the time to specifically...more

NLRB Tackles Social Media Policies and a Firing Related to a Facebook Posting

by Carlton Fields on 11/16/2012

This article addresses two recent National Labor Relations Board decisions. The first found the electronic posting rules of Costco Wholesale Corp. overly broad. The second found a “courtesy rule” of car dealership Karl Knauz...more

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

by Fisher & Phillips LLP on 11/7/2012

The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more

NLRB Decisions Continue to Proscribe Social Media and Other Policies If They Could Arguably Be Construed to Limit Protected...

by Duane Morris LLP on 10/19/2012

Employers that have or are considering instituting social media or civility policies may want to pay attention to two National Labor Relations Board (NLRB; the Board) decisions issued in September 2012....more

NLRB Addresses Knauz BMW’s Hot Dog Situation in its Second Decision Regarding Social Media

by Cullen and Dykman LLP on 10/18/2012

On September 28, 2012, the National Labor and Relations Board (“NLRB”) issued its second decision involving an employee’s use of social media. ...more

Corporate Social Media Policies Should Comply With Recent NLRB Decision

by Peter Bauman - Senior Associate at Tharpe &... on 10/17/2012

The National Labor Relations Board (NLRB) recently issued a decision with significant impact upon employer policies that apply to employee use of social media. [Costco Wholesale Corporation, 358 NLRB No. 106 (Sept. 7,...more

NLRB’s Fine-Toothed Comb Approach Invalidates More Employer Handbooks and Policies

by Franczek Radelet P.C. on 10/17/2012

Social media and other employer policies continue to draw close scrutiny from the National Labor Relations Board (NLRB). Recently, the NLRB issued its first binding decision involving employees’ rights under a common social...more

First NLRB Decisions on Social Media Give Employers Cause to Update Policies, Practices

by Pillsbury Winthrop Shaw Pittman LLP on 10/11/2012

The National Labor Relations Board (“NLRB”) recently issued its first two rulings on employer social media policies and its first ruling on an employee’s termination due to posts on Facebook. These rulings are significant for...more

Social Media Policies in the NLRB's Crosshairs

by Littler on 10/10/2012

Between the summer of 2011 and the spring of 2012, the Acting General Counsel of the National Labor Relations Board (NLRB), Lafe Solomon, published three Advice Memos that expressed his views on the application of the...more

NLRB Finds That Employer Lawfully Fired Employee Over Facebook Posts, But Its Courtesy Policy Violated The NLRA

by Franczek Radelet P.C. on 10/5/2012

On October 1, 2012, the National Labor Relations Board (NLRB) issued another decision addressing the intersection between the National Labor Relations Act (the Act), social media, and handbook policies prohibiting...more

NLRB Strikes Again and Issues First Social Media Decision

by XpertHR - Partnered with LexisNexis on 10/4/2012

Employers may want to be careful when drafting social media policies based on the first decision by the National Labor Relations Board (NLRB) directly addressing social media use and the right to engage in protected activity...more

NLRB Strikes Down Employee Handbook Language and Issues First Social Media Decision

by Morgan Lewis on 10/3/2012

Continuing its aggressive foray into nonunion workplaces, the NLRB has weighed in on social media and employee handbook issues, finding certain language to be unlawful under Section 8(a)(1) of the National Labor Relations...more

NLRB Strikes Down Part of Costco’s Social Media Policy

by Foley & Lardner LLP on 10/2/2012

On September 7, 2012, in a decision that is likely to have wide-ranging implications for companies’ social media policies, the NLRB issued a decision finding that Costco’s policy prohibiting defamatory statements about the...more

Social Media Policies under Attack by the NLRB

by Wilson Sonsini Goodrich & Rosati on 10/1/2012

In its first-ever decision on an employer's social media policy, the National Labor Relations Board (NLRB) has found Costco Wholesale Corp.'s policy to be overly broad and unenforceable in the case Costco Wholesale...more

Employment and Labor Law Alert: NLRB Strikes Down Many Common Employment and Social Media Policies.

by Leonard, Street and Deinard on 9/28/2012

On Tuesday, just weeks after the National Labor Relations Board issued its first decision on an employer's social media policy in Costco Wholesale Corp., an administrative law judge joined in the Board's efforts to scrutinize...more

NLRB Rejects Costco’s Social Media Policy

by Bernstein Shur on 9/28/2012

NLRB Rejects Costco Social Media Policy–Sends a Message to Employers On September 18, 2012, the National Labor Relations Board issued its first formal decision on an employer’s social media policy. The NLRB rejected...more

Revise Your Social Media Policy If It Says This

by Collins & Lacy, P.C. on 9/26/2012

If you have a provision similar to the one below in any of your employee agreements, handbooks, etc. or are considering including one, make sure you read the rest of this article....more

Does Your Social Media Policy Comply With Applicable Law? Employers May Not “Like” the NLRB’s Recent Costco Decision

by Lowenstein Sandler LLP on 9/25/2012

Many employers assume that, given their status as employers at-will, they are permitted to discipline and terminate employees for troublesome postings the employees make on Facebook, Twitter, and other social media. But this...more

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