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NLRB Loses Its Lunch Over Chipotle’s Social Media Policy


Burrito PlateOn August 18, 2016, the National Labor Relations Board (NLRB) affirmed an administrative law judge’s (ALJ) March 14, 2016 ruling that Chipotle’s “Social Media Code of Conduct” violated the National Labor Relations Act (NLRA).

By way of background, Chipotle terminated associate James Kennedy in February of 2015 shortly after he made several tweets regarding employee working conditions and wages. During the same time period, Kennedy circulated a petition amongst his coworkers addressing management’s purported denial of break periods. The Pennsylvania Workers Organizing Committee subsequently filed two unfair labor practice charges against Chipotle asserting that Chipotle maintained an unlawful social media policy, enforced unlawful work rules, prohibited Kennedy from engaging in protected concerted activity, and terminated Kennedy because he engaged in protected activity. Continue Reading