Year: 2019 (Vol. 43)
Topics: Labor Law
Question(s) presented: Whether suspending the use of an employer-owned online, internal message board constitutes unlawful interference or restraint of concerted activity in violation of section 8(a)(1) of the National Labor Relations Act.
Format: Word and PDF
Prepared by: Joseph Scopelitis
Preemption Notice! On December 17, 2019–weeks after Volume 43 was delivered to be printed–the National Labor Relations Board (“NLRB” or “the Board”) overruled a prior Board decision that is central to this problem. See Caesars Entertainment, 28-CA-060841 (Dec. 17, 2019). If you plan to use this problem consider using one or more of the following strategies: (1) stipulate that only cases in effect prior to December 17, 2019 may be considered by the competitors, (2) provide competitors with a “closed universe” of cases included within the Memorandum of Law and Record, and/or (3) incorporate new Board doctrine as articulated in the Caesars Entertainment decision.