Social Media Posts Can Constitute Protected Concerted Action Under Section 7 of the NLRA: Implications for Employers

11.14.2011

Author: James J. McGovern, III, Esq. View article A National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) recently held that employees who posted messages on a co-worker’s Facebook page in response to criticisms from another employee were protected under Section 7 of the National Labor Relations Act (“NLRA”) as engaging in concerted activity. Hispanics United of Buffalo Inc., N.L.R.B. ALJ, No. 3-CA-27872, 9/2/11 [released 9/6/11]. Hispanics of Buffalo (“HUB”) discharged five employees after they commented on a message posted on one employee’s Facebook page in defense of criticisms of their work.