The U.S. Court of Appeals for the Third Circuit recently confirmed that a person who has no connection to employees who are allegedly harmed by an unfair labor practice can nevertheless bring a valid charge before the National Labor Relations Board (NLRB or Board), and that the Board has the discretion to investigate the charge.
The ruling by the appeals court in FDRLST Media, LLC v. NLRB found that the Board acted within its power when it investigated a charge filed by a non-aggrieved individual claiming that a personal tweet by the publisher of the conservative news magazine The Federalist violated federal labor law. At the same time, however, the court ruled that the Board erred in finding that the alleged offensive tweet was unlawful.
Even though the employer ultimately prevailed in this instance, the Third Circuit’s decision puts employers on notice that, to use the words of the court, a “politically-motivated busybody” can force an employer to defend itself in a situation where there is no evidence of labor strife among employees.
Members of the Center for Workplace Compliance (CWC) can read more here.