National Labor Relations Board Karl Knauz Motors

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... 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.    less -
News & Analysis as of

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

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

The National Labor Relations Board 2012 Year in Review

Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of...more

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

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

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

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

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

Social Media & Employees: When Every Little Thing Is Searchable

The scope of an employer’s right to discipline and terminate an employee for indiscreet or inappropriate remarks in social media is far from settled. Given that an employee’s social media activities have the potential to “go...more

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

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

Does the NLRA really Protect A Worker's Right to Be Rude? The NLRB Thinks So!

What a year it’s been for the National Labor Relations Board! Under the guise of preserving workers’ rights under Section 7 of the National Labor Relations Act, which includes the broad right “to engage in [ ] concerted...more

To Post or Not to Post – Are All Employee Facebook Comments Protected Under the NLRA?

On September 28, 2012, the National Labor Relations Board (“NLRB”) issued its first decision involving an employee fired because of a Facebook post. In this decision, the NLRB sided with the employer and held that the...more

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

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

Social Media Update - The NLRB Upholds Employer-Friendly Ruling in First Decision Involving Firing Over a Facebook Posting

As a powerful tool to reach a wide audience and a vehicle for users to reveal otherwise private information, social media creates fertile ground for litigation, particularly in the employment and labor context. In the first...more

NLRB Says Facebook Firing is Lawful, But Social Media Policy is Not

The National Labor Relations Board (NLRB) recently issued its first decision regarding an employee’s termination due to posts on Facebook. The decision, a mixed bag for employers, demonstrates—again—the NLRB’s increasing...more

Discharge Over Facebook Posting Lawful

On November 8, 2011, we reported that a National Labor Relations Board Administrative Law Judge issued an interesting decision involving an employee who was discharged for posts he made on his Facebook page....more

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

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

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

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

Update: NLRB Upholds Termination For Facebook Posting, But Nails Employer For Unrelated Handbook Policy

The NLRB has received a lot of attention for its actions the last couple years. One of the storms was caused by the agency’s attention to employer actions based on employee Facebook postings. More to the point, employers were...more

Employee’s Facebook Posting Not Protected Activity, Says NLRB

The National Labor Relations Board’s most recent decision demonstrates that not all employee social media posts are protected by the National Labor Relations Act. Questions remain, however, about the extent to which employees...more

The NLRB’s Latest on Facebook Firing Creates More Questions For Employers

By now most of us have learned about the decision issued last Friday, September 28, by the National Labor Relations Board (NLRB or Board) in Karl Knauz Motors, Inc. d/b/a Knauz BMW, the Board’s first true foray into a...more

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

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 Upholds Employee's Discharge In First Facebook-Related Decision

Executive Summary: In its first published decision involving employee Facebook access, the National Labor Relations Board has upheld the termination of an employee whose Facebook posts mocked an accident on his employer's...more

NLRB Keeps Doing What It Always Does. Why Is Anyone Surprised?

I’ll admit something that might seem a little unusual and ironic: I’ve grown a bit tired about writing about the NLRB and social media. Perhaps, it’s because I’ve seen too many law firms and lawyers issuing...more

NLRB Sides With Car Dealer in First Facebook Firing Decision

UPDATE: A year ago we posted the alert reproduced below discussing a decision by an NLRB Administrative Law Judge (ALJ) in a case involving a termination which was based on the former employee's Facebook postings. The...more

McNees White Paper -- The National Labor Relations Board 2011 Year in Review An Overview of the Board’s Significant Decisions and...

By all accounts, 2011 was a busy year for the National Labor Relations Board (“Board”). In 2011, the Board saw a 17 percent increase in filings as compared to the prior year, which included both unfair labor practice charges...more

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