Most employers who operate workplaces without labor unions think that they are unaffected by the pronouncements of the National Labor Relations Board. They should think again. In a series of recent cases, the NLRB’s general counsel has taken the position that employee activity on social media sites like Facebook and Twitter can trigger certain rights under federal labor law for even nonunion employees.
For example, in May, the NLRB issued a complaint alleging that a BMW dealership outside Chicago violated the rights of a nonunion car salesman who used his Facebook page to complain about the quality of the food his employer had served at a sales event, complete with photos of the offensive hot dogs and water bottles. The dealership fired him for his posting, which was accessible to his fellow salesmen.
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