Sharply Divided NLRB, Ruling in Butler Medical Transport, Once Again Strikes Down Employer’s Social Media Policy as Overly Broad

The National Labor Relations Board (NLRB or Board), the quasi-judicial agency with responsibility for enforcing federal labor-management law, has once again invalidated an employer’s facially neutral social media policy as overly broad in violation of the National Labor Relations Act (NLRA).

In Butler Medical Transport LLC, 365 NLRB No. 112 (July 27, 2017), a split NLRB held 2–1 that Facebook comments made by an employee in clear violation of the employer’s policy, which the Board said was overly broad, were protected under the NLRA. In a scathing dissent, NLRB Chair Philip Miscimarra called for the Board to overrule its recent line of controversial decisions finding that sensible workplace conduct policies somehow violated the NLRA.

Members of the Center for Workplace Compliance (CWC) can read more here.