NLRB Issues Another Complaint Against An Employer For Facebook-Related Terminations
The National Labor Relations Board has issued another complaint arising out of employee discipline for use of social media. The Board published a press release this evening announcing that a complaint was issued May 9, 2011 by the Regional Director in Buffalo, New York against Hispanics United of Buffalo, a nonprofit organization. The complaint alleges that the employer unlawfully discharged five employees after they criticized working conditions on Facebook.
While the complaint is not yet posted on the NLRB website as of this date, the Board's press release indicates that five employees responded to a co-worker's Facebook post with comments defending their job performance and criticizing working conditions, including work load and staffing issues. These employees were subsequently terminated by the employer who claimed their comments constituted harassment of a co-worker involved. The press release states:
The complaint alleges that the Facebook discussion was protected concerted activity within the meaning of Section 7 of the National Labor Relations Act, because it involved a conversation among coworkers about their terms and conditions of employment, including their job performance and staffing levels.
A hearing is set before an administrative law judge on June 22, 2011, in the Buffalo Regional Office.
This is just the second complaint issued by the Board arising out of social media issues, although a number of similar charges have recently settled prior to issuance of a complaint. In April, various media outlets reported that the New York Regional Office had notified Thomson Reuters that it was preparing to issue a complaint including an allegation that the publisher improperly warned a union officer about a Twitter post. The employee's union, the New York Newspaper Guild, recently announced a comprehensive contract settlement which included resolution of the charge. On April 27, 2011, the San Francisco Regional Office also announced settlement of a charge against an online construction retailer who terminated an employee who had posted comments on Facebook about alleged labor code violations. Finally, late that month, the Division of Advice also issued an Advice Memorandum recommending dismissal of a Twitter-based charge, perhaps providing further guidance regarding the Board's approach to these cases.
