The National Labor Relations Board had no business filing a complaint over a tweet from The Federalist’s publisher that bad-mouthed union organizing because the person filing the underlying charge had no ties to the dispute, the publisher has told the Third Circuit.

FDRLST Media LLC, which runs the conservative online magazine The Federalist, asked the Third Circuit on Monday to vacate an NLRB decision that a tweet ran afoul of the National Labor Relations Act when Ben Domenech tweeted, “FYI @fdrlst first one of you tries to unionize I swear I’ll send you back to the salt mine,” from his personal account.

Published in Law360