Tesla’s Court Win Does Little to Sway NLRB Social Post Policing

The National Labor Relations Board is likely to continue its approach to policing management’s social media statements about unionization despite two losses in federal appeals court, most recently in a case involving Tesla Inc. CEO Elon Musk, labor lawyers said.

The NLRB’s doctrine of nonacquiescence holds that the board sets national labor policy and only the US Supreme Court can tell it how to interpret federal labor law. That means the agency could still take the position that social media posts that interfere with workers’ organizing rights should be deleted, even though it lost in the two cases calling for ...