“First one of you tries to unionize I swear I’ll send you back to the salt mine”

An NLRB administrative law judge has ruled that the publisher of The Federalist website violated the NLRA when he posted a tweet on his personal Twitter account threatening to send employees “to the salt mine” if they try to organize a union. The publisher said his tweet was satire, but the ALJ was not amused. Considering the totality of the circumstances, the post, which was expressly directed “@FDRLST” employees, “had no other purpose except to threaten the FDRLST employees with unspecified reprisal,” the ALJ found, and thus would reasonably interfere with employees’ Section 7 rights. The employer has already said it will appeal the ruling to the full Board (FDRLST Media, LLC, April 22, 2020, Chu, K.).

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