There was a flurry of activity from the National Labor Relations Board (NLRB) at the end of 2012. Included in that activity was the release of Hispanics United of Buffalo, Inc. This case has been on the radar for many social media and labor law followers because it was one of the first to address a discharge from employment on the basis of social media activity.
The NLRB decisions from earlier last year on social media were not especially instructive on the issue of how social media statements may be construed as protected concerted activity. Hispanics United is different in that it squarely addressed this question. Unfortunately, and as expected by many NLRB followers, things did not turn out well for the employer.