3rd Circuit:  Publisher’s Anti-Union Tweet Not Shown To Be ‘Threat’ Under Labor Act

Mealey's (May 24, 2022, 2:25 PM EDT) -- PHILADELPHIA — Addressing a case over an anti-union tweet sent by the publisher of The Federalist from his personal account, a split Third Circuit U.S. Court of Appeals panel on May 20 reaffirmed that the National Labor Relations Board is empowered to act on a complaint of an unfair labor practice filed by a party outside of the labor relationship but determined that the NLRB “lost the forest for the trees by failing to consider the tweet in context” and “misconstrued a facetious remark as a true threat” under the National Labor Relations Act (NLRA)....