Hispanics United: NLRB Gives First Written Decision Involving Social Media

In the NLRB's final act before the long Labor Day weekend, an Administrative Law Judge in Buffalo, NY, issued his decision in Hispanics United-the first written decision in an NLRB case involving social media to result in an ALJ decision following a hearing.

In Hispanics United, five employees claimed that their terminations-on the heals of a Facebook discussion critical of another employee's job performance-violated their rights under the National Labor Relations Act to join together to discuss the terms and conditions of their employment. The ALJ agreed:

I conclude that their Facebook communications with each other, in reaction to a co-worker's criticisms of the manner in which HUB employees performed their jobs, are protected.

The ALJ made several key observations about the Board's treatment of social media posts as protected, concerted activity,

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