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Founder of Barstool Sports Under Fire For Anti-Union Comments


Dave Portnoy, founder of Barstool Sports, came under fire yesterday when he tweeted several anti-union comments in regard to the possibility of employees at Barstool Sports organizing and forming a union.  (Portnoy founded Barstool Sports in 2013.  In its current form, Barstool Sports is a sports and entertainment network that includes a blog, podcasts, and a boxing promotion.  The company is owned by the Chernin Group, with the Chernin Group holding a 51% interest.)

Before we get into the comments made by Portnoy, let us take a step back.  Some readers might have heard that the editorial staff at the Ringer (a similar sports and entertainment network headed by Bill Simmons, formerly of ESPN) announced earlier this week that they had formed a union.  On the heels of that announcement, Portnoy jumped into the fray and tweeted that he hoped his employees would form a union so he could “smash their little union to smithereens.”  When a staff writer at Live Science commented that current Barstool employees could direct message him and talk about the possibility of forming a union at Barstool Sports, Portnoy tweeted that he would fire any employee on the spot that contacted the staff writer at Live Science.

Now, that was not the end of it.  Democratic New York Representative Alexandria Ocasio-Cortez tweeted a response, to Portnoy’s threat that he would fire any employee that engaged in talks about forming a union, stating that Portnoy’s tweet could be unlawful and in violation of the National Labor Relations Act (“NLRA”).  (In broad terms, the NLRA prohibits employers from terminating or retaliating against employees that engage in protected concerted activity...which can include talks/efforts to form a union.)  Donald Trump, Jr. joined in yesterday evening and commented that Representative Ocasio-Cortez should not have picked a fight with Portnoy, appearing to back Portnoy and his comments earlier in the day.

Now this is the time where I would normally tell employers to be careful what they say to employees in regard to attempts to prevent a union from forming in their workplace.  However, Portnoy’s comments yesterday are a timely reminder that employers should be mindful of their tweets and social media posts as well.  Even if Portnoy was joking that he would terminate an employee for engaging in union discussions, as has been suggested, that is not necessarily a ‘get out of jail free’ card for a charge filed with the National Labor Relations Board.  Given the heightened attention that has been given to conduct in the workplace as of late, employers should be careful what they say (or tweet), or risk running afoul of the NLRA.


For additional information:  https://www.google.com/amp/s/www.nbcnews.com/news/amp/ncna1041936

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