Yesterday, August 18, the National Labor Relations Board released a memorandum authored by its Acting General Counsel, Lafe E. Solomon. The 24-page memo summarizes the facts and holdings in each of the social media-related cases his office has been involved in over the past year. It doesn't identify the cases by name (although you may recognize many of them from my prior discussions of the cases here and here). Rather, it summarizes the cases by subject matter in an attempt to put them all in perspective. Solomon's stated goal is to "assist[] practitioners and human resources professionals" in drawing some guidance from the Board's reasoning in the various cases.
It will be up to those practitioners and professionals (and the courts that decide future cases) to determine how coherent and correct the Board's emerging collection of determinations is. But kudos to Mr. Solomon for trying to help.
The memo does a good job of summarizing each case. I won't repeat its analysis here, but here are the headers that the memo uses:
You can read the full memo here.
[Thanks to Cameron Evans and Sean Crotty for alerting me to this memo.]
