Administrative Law Judge finds New York nonprofit unlawfully discharged employees following Facebook

[Omaha Steve]

Source: NLRB

In the first ruling of its kind, a National Labor Relations Board Administrative Law Judge has found that a Buffalo nonprofit organization unlawfully discharged five employees after they posted comments on Facebook concerning working conditions, including work load and staffing issues.

The NLRB has received an increasing number of charges related to social media in the past year, as that means of communication grows in popularity. The Office of General Counsel issued a report last month outlining some of the cases. This is the first case involving Facebook to have resulted in an ALJ decision following a hearing.

The case involves an employee of Hispanics United of Buffalo, which provides social services to low-income clients. After hearing a coworker criticize other employees for not doing enough to help the organization’s clients, the employee posted those allegations to her Facebook page. The initial post generated responses from other employees who defended their job performance and criticized working conditions, including work load and staffing issues. Hispanics United later discharged the five employees who participated, claiming that their comments constituted harassment of the employee originally mentioned in the post.

The case was heard by Administrative Law Judge Arthur Amchan on July 13-15, 2011, based on a complaint that issued May 9 by Rhonda Ley, NLRB Regional Director in Buffalo, New York.

Judge Amchan issued his decision on September 2, finding that the employees’ 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. The judge also found that the employees did not engage in any conduct that forfeited their protection under the Act.

Judge Amchan orderedthat Hispanics United reinstate the five employees and awarded the employees backpay because they were unlawfully discharged. The judge’s decision also requires that Hispanics United post a notice at its Buffalo facility concerning employee rights under the Act and the violations found. Hispanics United has the right to appeal the decision to the Board in Washington.



Read more: http://www.nlrb.gov/news/administrative-law-judge-finds-new-york-nonprofit-unlawfully-discharged-employees-following-fac

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FULL title didn't fit: Administrative Law Judge finds New York nonprofit unlawfully discharged employees following Facebook posts

Copyright exempt.

September 06, 2011
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[24601]

1. Here's a link to the web site. I passed up the opportunity to make

a donation. http://hispunited.org/

[Wait Wut]

2. Why do people complain about their jobs on FB?

If they're that concerned about conditions, there are more effective ways to voice those concerns. To be honest, if an employee of mine decided that mouthing off on a social networking site was the best way to bring about changes to their work environment, I'd fire them. It could be this employee had genuine concerns that should have been addressed. Whining about it on FB isn't going to improve things. So, with or without the courts approval, no sympathy.

[mike_c]

3. so you'd fire an employee for utilizing their labor rights...

...to concerted activity or even simply their constitutional rights to free speech. How very democratic of you. Examples like yours are the reason we need stronger unions!

[Wait Wut]

4. Yes.

If an employee believes that there are problems in the work place and, instead of approaching me or another superior, decides to whine about it on FB or another social network, then they obviously have no interest in improving the work environment. Instead, they would appear to be more concerned with looking like the "big guy" on the internet by tearing down the company and/or co-workers. Why in the hell would I want someone like that working for me? They can practice their free speech all they want. Somewhere else.

I've been an extremely generous and fair boss. I've passed up raises so that I could give more money to employees. I've fought for better insurance and kept one girl from getting fired for her own stupidity. If they were to pay me back by stabbing the company or co-workers in the back...they can go to hell.

[Occulus]

5. You are the reason unions exist

and I sincerely hope one of your employees finds this post, puts it on their own Facebook page, and sues the living hell out of you when you retaliate.

You deserve it. With bells on.

[Wait Wut]

6. Sues me for what?

None of my employees has ever done anything that stupid. Most have been friends on FB and we hang out on weekends. In 23 years I've only had to fire 3 people. One was my best friend, one was a woman that had loyalty and work ethics issues, and the last was a young man that just couldn't grasp the job despite constant help. I did manage to find him another job that he absolutely fit into. He was also my favorite cat sitter.

You are the reason unions get a bad name. You can have the "screw the establishment" attitude all you want. It doesn't help the rest of us one fucking bit. If you can't find the courage to approach a superior about a workplace issue, than maybe you should work somewhere else where you can feel more confident. Feeling "tough" with your FB buddies without giving the company you work for the chance to address your concerns is a chickenshit and disloyal act. But, hey, it's all about your "freedom of speech" and not about the chance to improve the company and YOUR OWN DAMNED JOB. :eyes:

[mike_c]

8. freedom of speech is a whole lot more important than your damned company....

As are worker's rights. Your arrogance is astounding.

[Wait Wut]

11. MY arrogance?

:rofl:

It isn't "my" damned company. But, I do work there and do what I can to protect the company and my employees so we can stay in business and continue to pay everyone. YOUR arrogance is what forces companies to shut down when customers hear about your whining on Facebook and lose faith in the company. MY arrogance makes me strive to provide the best work environment possible in this climate. YOUR selfishness costs jobs. Keep harping about YOUR freedom of speech and damned be to hell everyone else.

[Downwinder]

13. Let them hold it all in and go postal. To complain is normal.

[proud2BlibKansan]

9. +1

[LanternWaste]

7. For approximately the same reasons we complain about our jobs on the telephone

" Why do people complain about their jobs on FB?"

For approximately the same reasons we complain about our jobs on the telephone, or over drinks with friends, or to our wives... :shrug:

[Wait Wut]

10. A reasonable response, thank you.

But, when we're on the phone, or at a bar, etc. we aren't on a public site. If our phone conversations were broadcast over the radio, that would be a different story. Trust me, I whine to my husband all the time about work. I don't on my FB page. My boss does his best with the economy and I don't think it would be fair for me to air my concerns in public without first approaching him. He trusts my opinion on things and I would like to keep it that way.

[Sivafae]

12. See it's this "in public" thing I take issue with.

From what I understand, most people do not allow everybody and their brother look at their Facebook page. That is why there are privacy settings. What you are essentially saying is "in public" is not necessarily so. I only have about 100 friends on Facebook, and if I was having work issues, I would not hesitate to commiserate with any of them about my work issues outside of facebook. Of course I would not be facebook friends with my boss either. If it was something for networking I would go to another site or make another facebook page for work.

There is a difference between your personal life and your professional life. I really wish that this line had not been blurred in the last 20-30 years.

[Wait Wut]

14. That's the problem with FB, though.

"Your" privacy settings don't keep your comments from showing up on other's FB pages. At least, I'm not aware of any way that you can keep them from doing so. It seems from the story that the problem occurred when other employees became involved. Honestly, there is a "message" feature that could guarantee that your comments aren't aired to the general public. There's also that old fashioned thing called the cell phone. I actually have all my privacy settings turned off. If I have something crappy to say, I don't say it on my FB page. I keep it public because I have an extended family and friend circle that I'm too lazy to look for or that I'm unaware even exist. I figure it makes me easier to find if they want to.

Your last sentence is so true. I don't think people have quite gotten the hang of social media and its faults. I've had friends get into minor trouble because of stupid things they post.

Okay...I told the girl that works for me about all this and she just posted, "My boss is SUCH a BITCH!" on her FB page. I have to go fire her now. Or, make her buy me lunch. Maybe wash my car. :P