National Labor Relations Board Chairman Mark Gaston Pearce and Member Phillip Miscimarra predicted in an interview with Law 360 that the NLRB will be issuing a “significant” number of decisions in the coming year, According to Miscimarra, “there’s a very significant number of cases that have been decided that are in [the] process” of being written. The votes in those cases have already been taken, he said.
While Pearce and Miscimarra did not reveal any of the upcoming decisions, it is expected that several will relate to social media, including one involving the role of Facebook’s “like” function in the analysis of whether activity is concerted.
The NLRB has been at full strength since August 2013, and that isn’t expected to change anytime soon. Therefore, we can expect more activity from the Board in the coming months than we have seen in a long time, on issues such as supervisory status, non-employee access to property, and restrictions on use of company equipment and systems, to name a few.