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
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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