Employer's Suggestion it Knew About Employee's Facebook Posts Does Not Permit Inferences of Protected Activity or Unlawful Retaliation: NLRB | Practical Law
In World Color (USA) Corp., the National Labor Relations Board (NLRB) reversed the ALJ's finding that the employer violated Section 8(a)(1) of the National Labor Relations Act (NLRA) by asking an employee (who had recently been informed that his shift was to be reassigned) if he thought that management was unaware of posts he had made on Facebook. The record failed to show what the employee posted on Facebook and whether the posts were protected concerted activity.