The National Labor Relations Board defended before a federal appeals court its decision that the publisher of the conservative online magazine The Federalist illegally threatened employees when he tweeted he would send them “back to the salt mine” if they tried to form a union.
In a brief filed to the U.S. Court of Appeals for the Third Circuit, NLRB attorneys shot back at the publication’s assertion that the tweet by FDRLST Media Publisher Ben Domenech was merely satirical and protected by the First Amendment. Courts “long ago rejected the argument that an employer can avoid a finding of coercion ...
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