Bloomberg Law
May 20, 2022, 2:06 PMUpdated: May 20, 2022, 5:22 PM

NLRB’s ‘Salt Mine’ Tweet Decision Overturned by 3rd Cir. (1)

Robert Iafolla
Robert Iafolla
Reporter

The NLRB was wrong to rule that the publisher of conservative online magazine the Federalist unlawfully threatened workers by tweeting that he’d send them “back to the salt mine” if they tried to unionize, a federal appeals court in Philadelphia held.

The National Labor Relations Board lacked the evidence to support its ruling against FDRLST Media LLC, which runs the magazine, for publisher Ben Domenech’s “salt mine” tweet, the US Court of Appeals for the Third Circuit ruled Friday.

“The record contains no sign—indeed, no inkling—of any circumstance at FDRLST Media that leads us to conclude that a reasonable employee ...

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