Social Media

Social Media

The National Labor Relations Board continues to be laser-focused on the issue of employers disciplining employees for comments made in social media. It filed numerous complaints against employers in the past year. Although the decisions are very fact-specific, they share key points for employers to remember.

The recent decision against non-union retailer Bettie Page is instructive. In Design Technology Group, LLC et al., Case 20-CA-35511 (Apr. 27, 2012), the Administrative Law Judge found that Bettie Page engaged in unfair labor practices when it discharged three employees who engaged in protected concerted activity through discussions on Facebook. The decision ordered Bettie Page to reinstate the employees to their former jobs and pay back wages.

Facts of the Case:

Bettie Page opened a store in the Haight Ashbury district of San Francisco in July 2011. Shortly after opening, several employees felt that the store manager was not managing the store or its personnel very well. Among other things, the employees were concerned that the store was closing later than other stores in the neighborhood and that closing employees were harassed by local street people. The employees brought this concern to the store manager, the owner, and the company’s human resources consultant.

When the store manager was out of town, two employees closed the store an hour early with permission from the store owner. When the store manager heard of the early closing, she angrily scolded one of the closing employees over the phone. These employees took to Facebook to air their frustrations with the store manager:

This is the conversation that took place on Facebook:

[Employee 1]: needs a new job. I’m physically and mentally sickened.

[Employee 2]: It’s pretty obvious that my manager is as immature as a person can be and she proved that this evening even more so. I’m unbelievably stressed out and I can’t believe NO ONE is doing anything about it! The way she treats us...