Union or No Union: A Case of Twitter Fingers

As has been previously discussed on our blog, Barstool Sports, a sports and entertainment website, was in the news in the past few months when its founder allegedly made “anti-union” comments.  Specifically, the founder, Dave Portnoy, Tweeted the following:  “Heard @ringer employees want to unionize. Little refresher how I feel about unions” which linked to a prior unfavorable post about the unionization of his workforce.  Barstool also sold “Union Buster” shirts and allegedly started a Twitter account calling itself “Barstool Sports Union” which contended to be the “labor movement inside Barstool Sports.”  It was alleged that the “Barstool Sports Union” account was merely a ploy to undercover whether any employees were considering joining a union movement.

As a result of these comments and actions, an unfair labor practice charge was filed with the National Labor Relations Board by the Industrial Workers of the World.  Barstool has now agreed to settle the claim.  While Barstool did not admit guilt in the settlement, it agreed to take certain actions as a result of the complaint filed against it.  As an initial matter, it will notify employees of their right to unionize by email and physical postings and will post federal labor rights in its headquarters and satellite offices.  Barstool also agreed to delete the “Barstool Sports Union” account and certain videos and tweets made in reference to union activity.    

Of note, the initial tweets started a Twitter fight between Portnoy and Rep. Alexandria Ocasio-Cortez about his comments.  Rep. Ocasio-Cortez has celebrated her “win” on Twitter after news of the settlement broke.

Employers, both union and non-union, must be mindful of what is said and done both inside the workplace and on social media sites.  An employer’s defense to an unfair labor practice charge (or a complaint of harassment and discrimination) cannot merely be “well that didn’t happen at work.”  What is said and done on the internet can cause liability to an employer.  Employers must have policies and procedures in place to provide protection from such claims.   While it is the goal of Barstool to draw more “followers”, it should not be the goal employers to get sued a result of its online comments.