Weigand v. Nat'l Labor Relations Bd., No. 14-1024 (D.C. Cir. 2015)
Annotate this CaseThe National Labor Relations Board dismissed a charge that the Union violated the National Labor Relations Act, 29 U.S.C. 158(b)(1)(A), by failing to remove derisive and allegedly threatening comments posted on a Facebook page maintained for Union members. The comments, written by Union members without the permission of the Union, appeared while the Union was on strike against Veolia and made disparaging remarks about people who crossed the picket line. The Board held that the Union was not responsible for the Facebook comments because “the 3 individuals who posted the comments were neither alleged nor found to be agents of the [Union].” The D.C. Circuit affirmed, rejecting an argument that the Union should be held responsible for the Facebook entries posted by Union members because a Union officer controlled the Facebook page. The Union’s private Facebook page was not analogous to misconduct on a picket line; it was not accessible or viewable by anyone other than active Union members and the disputed postings were made by persons who acted on their own without the permission of the Union.
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