Wyatt Employment Law Report


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NLRB Case Involving Facebook Posting Has Been Settled

By Edwin S. Hopson

On February 7, 2011, the National Labor Relations Board announced that a complaint that had been issued against an ambulance service, American Medical Response of Connecticut, asserting that the company had unlawfully discharged one of its employees for posting a negative remark about a supervisor on her personal Facebook page had been settled. 

The NLRB’s Hartford, Connecticut Regional Director had issued a complaint on October 27, 2010, drawing national attention.

The Board’s complaint had also alleged that the company’s handbook contained overly-broad rules in its employee handbook directed at blogging, Internet posting, and communications between employees.  It also alleged that the company had illegally denied union representation to the employee during an investigatory interview.

Under the terms of the settlement approved by the NLRB’s Regional Director, the ambulance service, among other things, agreed to revise its handbook rules to eliminate improper restrictions on employee discussions regarding wages, hours and working conditions, both while at work and while away from work.

 The company also agreed that future employee requests for union representation would not be denied and that employees would not be threatened with discipline for requesting union representation. The issue of the employee’s discharge was resolved through a separate, private agreement between the employee and the company, according to the NLRB’s press release.


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Acting NLRB General Counsel Issues New Guidelines for Seeking Section 10(j) Interim Relief in Connection with Discharges Occurring during Union Organizing Campaigns

By Edwin S. Hopson

On September 30, 2010, the NLRB Acting General Counsel announced an initiative to more quickly respond to charges filed when employees are discharged during a union organizing campaign. Henceforth, in all cases found to have merit by the NLRB regional directors, the General Counsel’s office in Washington, D.C. will review the case to determine if seeking a federal injunction compelling reinstatement of the employee would be appropriate pending litigation of the underlying unfair labor practice case. The injunction would be sought under Section 10(j) of the National Labor Relations Act once authorized by the Board.  Continue reading