Employers Finally Win NLRB Facebook Situation

Employers Finally Win NLRB Facebook Situation

Employers Finally Win NLRB Facebook Situation


In the last many years, EmployNews has dutifully reported decision after decision in the National Labor Relations Board concluding that employees’ utilization of Facebook along with other social networking sites to complain about work, their employers, managers and customers remains safe and secure concerted activity underneath the NLRA. A week ago, the Board found some details that even it couldn’t characterize as protected.

Richmond District Neighborhood Center involved Facebook chatter among several counselors in a teen center regarding intent to take part in a design of insubordination at the office. The workers made crude and profane statements regarding their intent to disregard management instructions and behave as they pleased. Once the employer discovered the discussion, it withdrew purports to the counselors for that approaching school year.

The NLRB’s a lawyer contended that complaints remodeled working conditions in this discussion constituted protected concerted activity. It contended the employees didn’t have good reputation for actual insubordination, which the Facebook comments weren’t a sign associated with a actual intent to take part in functions of insubordination.

A 3 member panel from the NLRB could not agree, unanimously affirming the executive law judge’s earlier dismissal from the complaint. The NLRB figured that the employees’ discussion of insubordination was outdoors the scope of protected conduct underneath the NLRA. No reasonable employer could have been likely to continue the use of persons who made these statements of intent.

The NLRB’s decision within this situation shouldn’t be taken just like any indication that almost all the Board has shifted its position regarding protections owned by employees who lodge complaints on Facebook. The conduct here was egregious enough the Board concluded it wasn’t protected regardless of the inclusion of complaints over working conditions.

The actual surprise within this situation was the choice from the NLRB’s counsel to pursue the complaint to begin with, especially in times involving threatened conduct that may have jeopardized children’s safety if it absolutely was transported out. The NLRB’s a lawyer looks like it’s taking an absolutist position that as lengthy because the social networking behavior involves complaints about work, workers are immune from repercussions, whatever the context or potential effect on the business and individuals it serves.


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