Dear nlrb, wtf? #disrupthr
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This document summarizes several National Labor Relations Board cases involving social media posts, protest buttons/shirts, and other protected concerted activities. It shows that the NLRB often rules such activities as protected even when they include profanity, offensive language, or criticism of employers. The document suggests that employers should carefully review policies, consult legal counsel, and focus on valuing employees in order to avoid potential NLRB issues regarding protected concerted activities.
![Triple Play
? "Maybe someone should do the owners of
Triple Play a favor and buy it from them. They
can’t even do the tax paperwork correctly!!!
Now I OWE money...Wtf!!!!“
? "Hahahaha he’s such a shady little man. He
prolly [sic] pocketed it all from all our
paychecks.“
? “I owe too. Such an a**hole.”
Three D, LLC (Triple Play), 361 NLRB No. 31 (2014)](https://image.slidesharecdn.com/dearnlrbwtfdisrupthrdenver-160414173812/85/Dear-nlrb-wtf-disrupthr-8-320.jpg)
![The Picket Line
? The NLRB said:
? “[The] “KFC” and “fried chicken and watermelon”
statements most certainly were racist, offensive, and
reprehensible, but they were not violent in character,
and they did not contain any overt or implied threats
to replacement workers or their property….The record
evidence in this case does not establish that Runion’s
statements were coercive or intimidating to the
exercise of employees’ Section 7 rights, and it does not
establish that the statements raised the likelihood of
imminent physical confrontation.”
http://www.scribd.com/doc/268209701/Cooper-Tire-Rubber-Company](https://image.slidesharecdn.com/dearnlrbwtfdisrupthrdenver-160414173812/85/Dear-nlrb-wtf-disrupthr-11-320.jpg)
![More WTF?
The Board disagreed with AT&T:
? “We agree with the judge that
the content of the “WTF,”
“FTW,” and “Cut the Crap!”
buttons and stickers was not
so vulgar and offensive as to
cause employees wearing
them to lose the protection of
the [National Labor Relations
Act]. In particular, we
emphasize that the “WTF” and
“FTW” buttons and stickers
provided a nonprofane,
nonoffensive interpretation on
their face.”](https://image.slidesharecdn.com/dearnlrbwtfdisrupthrdenver-160414173812/85/Dear-nlrb-wtf-disrupthr-13-320.jpg)
Dear nlrb, wtf? #disrupthr
- 1. Dear NLRB, WTF?!!? No Seriously – WTF???
- 2. The Mission – to boldly go where no NLRB has gone before! HR
- 3. The Original Avengers NLRB
- 4. The New NLRB Avengers
- 5. NLRB - “The law we enforce gives employees the right to act together to try to improve their pay and working conditions, with or without a union. If employees are fired, suspended, or otherwise penalized for taking part in protected group activity, the National Labor Relations Board will fight to restore what was unlawfully taken away.”
- 6. The NLRB & General Counsel
- 7. NLRB.GOV
- 8. Triple Play ? "Maybe someone should do the owners of Triple Play a favor and buy it from them. They can’t even do the tax paperwork correctly!!! Now I OWE money...Wtf!!!!“ ? "Hahahaha he’s such a shady little man. He prolly [sic] pocketed it all from all our paychecks.“ ? “I owe too. Such an a**hole.” Three D, LLC (Triple Play), 361 NLRB No. 31 (2014)
- 9. Triple Play The Board said: ? “The employees engaged in protected concerted activity by taking part in a social media discussion among offsite, off-duty employees, as well as two non-employees…. Although we do not condone her conduct, we find that Sanzone’s use of a single expletive to describe a manager, in the course of a protected discussion on a social media website, does not sufficiently implicate the Respondent’s legitimate interest in maintaining discipline and order in the workplace…” Three D, LLC (Triple Play), 361 NLRB No. 31 (2014)
- 10. The Picket Line An employee was caught on video making racist remarks: “Hey, did you bring enough KFC for everyone?” ? “Hey, anybody smell that? I smell fried chicken and watermelon.” http://www.scribd.com/doc/268209701/Cooper-Tire-Rubber-Company
- 11. The Picket Line ? The NLRB said: ? “[The] “KFC” and “fried chicken and watermelon” statements most certainly were racist, offensive, and reprehensible, but they were not violent in character, and they did not contain any overt or implied threats to replacement workers or their property….The record evidence in this case does not establish that Runion’s statements were coercive or intimidating to the exercise of employees’ Section 7 rights, and it does not establish that the statements raised the likelihood of imminent physical confrontation.” http://www.scribd.com/doc/268209701/Cooper-Tire-Rubber-Company
- 12. More WTF? ? Employees at ATT&T show up at work wearing buttons that read: ? “WTF Where’s the Fairness?” ? “FTW Fight to Win” ? “Cut the Crap! Not My Healthcare.” ? AT&T sends employees home after refusing to remove the buttons before leaving the office to work in and around customer homes and businesses.
- 13. More WTF? The Board disagreed with AT&T: ? “We agree with the judge that the content of the “WTF,” “FTW,” and “Cut the Crap!” buttons and stickers was not so vulgar and offensive as to cause employees wearing them to lose the protection of the [National Labor Relations Act]. In particular, we emphasize that the “WTF” and “FTW” buttons and stickers provided a nonprofane, nonoffensive interpretation on their face.”
- 14. Common sense sometimes matters ? During contract negotiations in 2009 Communications Workers in Connecticut wore T-shirts with “Inmate # ____” on the front and “Prisoner of AT$T” on the back. The boss said they could not wear them if they were going into customer homes or were working in public. Many did anyhow, and 183 got suspended. ? Board said it was okay!!! ? DC Circuit overturned in July http://www.cadc.uscourts.gov/internet/opinions.nsf/80AD773E2F0DF13385257E7E0052C14A/$file/11-1099-1561845.pdf
- 15. Perez Pier Sixty ? While on break at work, employee uses his iPhone to post about his boss on his personal Facebook page: ? “Bob is such a NASTY MFer don’t know how to talk to people!!!!!!! F*** his mother and his entire f***ing family!!!! ? What a LOSER!!!! Vote YES for the UNION!!!!!!!” http://www.scribd.com/doc/260742549/Perez-Pier-Sixty
- 16. Perez Pier Sixty ? “The overwhelming evidence establishes that, while distasteful, the Respondent tolerated the widespread use of profanity in the workplace, including the words “f**k” and “mf***er.” Considered in this setting, Perez’ use of those words in his Facebook post would not cause him to lose the protection of the Act.” ? They ordered reinstatement!!! http://www.scribd.com/doc/260742549/Perez-Pier-Sixty
- 17. Protected Tweets In January 2015, after a customer tweeted out thanks for a freebie at Chipotle's, Kennedy tweeted back, “@ChipotleTweets, nothing is free, only cheap #labor. Crew members only make $8.50hr how much is that steak bowl really?"
- 18. Lone Wolf PCA ? The NLRB determined that an individual who filed a collective action FLSA claim in federal court was engaged in protected concerted activity – even if no other employees asked him to do it.
- 20. What to do? ? Have a drink ? Review handbook and policies regularly ? NLRB guidance memos from General Counsel ? Hire competent legal counsel ? Treasure your employees ? Get started now!