Lafe Solomon, acting general counsel for the National Labor Relations Board, was the subject of an investigation by the agency's inspector general, and it is possible he may face further scrutiny by the Department of Justice. The IG has said that Solomon reviewed Wal-Mart Stores Inc.'s social media policy while holding stock in the company. 

Solomon has attracted attention through a series of three memoranda that address recent NLRB cases on workplace disputes involving social media. The third memorandum focused solely on corporate social media policies. It found the policies at six companies, including Target Corp., General Motors Co., and DISH Network Corp., did not comply with the National Labor Relations Act, but a revised revised Wal-Mart policy won NLRB approval.

Although many may view the NLRB as an agency relevant only to unionized workplaces, Solomon has reminded employers that Section 7 of the NLRA protects the "concerted activity" of all workers. Social media policies that could inhibit the discussion of workplace conditions or salaries therefore are not permissible, Solomon has advised.

According to the inspector general's report, Solomon requested that all social media cases from regional agency offices be forwarded for his review. Through that process an advice memorandum recommending a complaint against Wal-Mart over its social media policy reached Solomon's desk, the report said.

Solomon allegedly responded to the proposed complaint by holding a meeting in which he instructed the agency's division of advice to see if Wal-Mart would settle the case by amending its social media policy. Solomon warned that Wal-Mart's prominence meant a complaint would result in a "huge (and especially negative)" reaction, the IG report said.

Wal-Mart ultimately revised its social media policy to comply with the NLRA, Solomon's third memorandum explained.

The inspector general's report said that Solomon violated government ethics rules by participating "personally and substantially" in the Wal-Mart case while holding more than $15,000 in company stock. Solomon's lawyer disputed that conclusion, arguing he did not "commit even a technical violation" of the rules.

Rep. John Kline (R-Minn.), chairman of the House Committee on Education and the Workforce, Sept. 17 sent U.S. Attorney General Eric H. Holder Jr. a letter that requested a full investigation. Kline said the IG report made "serious allegations" that Solomon "engaged in ethical and criminal misconduct."

Copyright 2012, The Bureau of National Affairs, Inc.