Nlrb Social Media
1) The NLRB has made findings regarding the use of employee posts on Social Media sites to discipline or terminate those employees. Typically these cases occur when an employee posts “negative” information about their current employer or boss. Sometimes these are “public” and other times the employer uses “spies” or “fake friending” to see the Facebook page of the employee.
Find at least one case or article online regarding this topic, and briefly explain the facts of the case, and the determination of the NLRB as to whether the employee was properly or improperly disciplined or terminated as a result of their use of Social Media to complain about, criticize, or publicly bash their company or boss. Provide the citation to the article you discover. (Use the term “concerted activity” in your query or search to help you find one of these cases.) (20 points)
When Rain City Contractors, Inc in Lakewood, Washington fired five employees for appearing in a YouTube video complaining about their job, specifically hazardous working conditions, and the NLRB regional office in Seattle issued a complaint on 10/21/2008. Once case number 19-CA-031580 was filed the complaint a hearing was opened and Rain City Contractors settled with the five employees by offering them full pay back. The case was closed on 06/04/2009.
Since the NLRB filed the complaint they must have “determined that the YouTube video was protected because the employees voiced concerns about safety in the workplace, and the public airing of their complaints did not lose the Act's protection because they accurately described their concerns about working conditions.” If the NLRB did not agree that the employees were improperly terminated they would not have filed the complaint and would not have been ready to play the video and show evidence that the company had been fined for some of the same concerns that the employees were talking about.
2) Do you agree with the decision of the NLRB or court in the
Find at least one case or article online regarding this topic, and briefly explain the facts of the case, and the determination of the NLRB as to whether the employee was properly or improperly disciplined or terminated as a result of their use of Social Media to complain about, criticize, or publicly bash their company or boss. Provide the citation to the article you discover. (Use the term “concerted activity” in your query or search to help you find one of these cases.) (20 points)
When Rain City Contractors, Inc in Lakewood, Washington fired five employees for appearing in a YouTube video complaining about their job, specifically hazardous working conditions, and the NLRB regional office in Seattle issued a complaint on 10/21/2008. Once case number 19-CA-031580 was filed the complaint a hearing was opened and Rain City Contractors settled with the five employees by offering them full pay back. The case was closed on 06/04/2009.
Since the NLRB filed the complaint they must have “determined that the YouTube video was protected because the employees voiced concerns about safety in the workplace, and the public airing of their complaints did not lose the Act's protection because they accurately described their concerns about working conditions.” If the NLRB did not agree that the employees were improperly terminated they would not have filed the complaint and would not have been ready to play the video and show evidence that the company had been fined for some of the same concerns that the employees were talking about.
2) Do you agree with the decision of the NLRB or court in the
References: Protected Concerted Activity | NLRB. (n.d.). NLRB. Retrieved July 22, 2013, from http://www.nlrb.gov/concerted-activity | NLRB. (n.d.). NLRB. Retrieved July 22, 2013, from http://www.nlrb.gov/case/19-CA-31580