a. What are the two issues the Board said were in dispute?
b. How did the Board define "concerted activity?"
c. What were the two reasons the Board gave for rejecting the argument that Agency was permitted to fire the five employees because their comments violated its "zero tolerance" policy.
Lydia Cruz-Moore and Marianna Cole-Rivera worked at Hispanics United of Buffalo (the Agency), an organization that assisted victims of domestic violence. At work and at home, by phone and by text, Cruz-Moore routinely complained to Cole-Riviera that other employees provided poor service to their clients. At home one Saturday night, Cruz-Moore texted Cole-Riviera that she intended to tell the executive director, Lourdes Iglesias that these other employees had been performing poorly, Cole-Rivera then posted the following message on her Face book page: Lydia Cruz, a coworker feels that we don't help our clients enough at [the Agency]. I about had it! My fellow coworkers how do u feel?
Four off-duty employees posted comments saying that they were upset with Cruz-Moore. She responded with a comment demanding that Cole-Rivera "stop with your lies about me."
Cruz-Moore then complained to Iglesias that she felt defamed by the Face book postings. After looking at them, Iglesias fired Cole-Rivera and the four coworkers on the grounds that their remarks violated the Agency's zero tolerance policy on bullying and harassment