Tuesday, October 2, 2012

NLRB Issues Facebook Decision and Order

The NLRB issued its first decision involving a termination for a Facebook posting on September 28, but only made it public yesterday. You can read the decision and order here (.pdf). The NLRB was also kind enough to provide a summary of the case on its website here.

In the shortest, and oversimplified-est (that's a word, right?), terms possible:
  • Car salesman making fun of a sales event with his co-workers because the food was so crappy it could impact their sales and commissions (i.e. terms and conditions of employment) . . . protected concerted activity.
  • Car salesman alone making fun of some idiot who drove a Land Rover into a pond because it's funny when people drive cars into ponds . . . not protected activity. Employer cleared to terminate.
  • "Courtesy" rule that prohibits "disrespectful" conduct and "language which injures the image or reputation of the Dealership" . . . unlawful as overly broad.
Any questions? I have been tracking this case for over a year - see here. It was also featured in one of the NLRB's Social Media memos (here).This decision affirms a prior ruling from an administrative law judge.