It would certainly appear the current NLRB has a keen interest in all cases that involve social media. On May 18th the Board published its complaint against Hispanics United of Buffalo, alleging the non-profit unlawfully discharged five employees for complaining about workload and other working conditions on Facebook. The complaint contends that the Facebook posts were protected by Section 7 of the Act. The complaint is also the Board’s first social media case that does not involve a unionized workplace or organizing campaign. Just over a week later, the Board issued a similar complaint against Knauz BMW, a Chicago car dealership that terminated a salesman for Facebook postings that criticized his employer. The salesman was critical of food served at the dealership feeling the quality of food and beverages served to customers could hurt his commissions. His coworkers had access to his Facebook page and thus his posts were considered protected activity by the Board for that reason. Labor Relations Today has summarized the recent Board decisions as follows:
- “The Board will take an aggressive approach toward workrules and policies — including social media policies — which are arguably “overly broad,” or might be interpreted to restrict employees’ in the exercise of protected, concerted activity.
- The Board will consider “protected” any social media postings which are either made on behalf of other employees or made with the object of inducing or preparing for group action. This is a broad, and currently expanding, standard.
- Simple personal attacks posted off-the-clock, outside the workplace — even offensive or profane insults — may retain the protection of the Act if they even arguably arise out of concerted activity, terms or conditions of employment, or other alleged ULP’s.”
