Legal: The New Big Tool for Union Organizing?

By William Welkowitz

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First, the NLRB has found that a discussion on Facebook between employees about work schedules and their supervisor’s negative attitude constituted protected concerted activity.

But not all Facebook conversations are protected – the NLRB has permitted terminations for posting derisive comments about the company or “venting” online, provided the comments were not directed towards any particular audience, did not suggest or initiate group action and did not grow out of prior, in-person conversations between employees.

Nevertheless, determinations about whether comments are protected concerted activity are very fact-specific.

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