Question: During a strike, a unionized worker for Yulantra Energy posts a Facebook status update that criticizes Yulantra for its unsafe practices and disregard for the
During a strike, a unionized worker for Yulantra Energy posts a Facebook status update that criticizes Yulantra for its unsafe practices and disregard for the rights and health of workers. The Yulantra manager for whom the employee works calls the worker and terminates her on the spot, citing a company policy prohibiting employees from "publicly criticizing the Company, its management or its employees." The employee is upset and files a charge with the National Labor Relations Board. What is most likely to occur?
The National Labor Relations Act protects the rights of employees to act together to address conditions at work ie to engage in concerted activity and that protection generally extends to social media. Thus, the company likely will have to reinstate the worker.
Social media activity is not protected by the National Labor Relations Act. That is especially true when company policy clearly prohibits criticizing the company or its management. Thus, Yulantra Energy will prevail before the National Labor Relations Board.
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