In what has to be one of the worst cases of overreach by an employer in history, the Triple Play Sports Bar thought it could strong arm its employees for commenting on Facebook about the company.
Former worker Jamie LaFrance started the dialogue on his Facebook page in January 2011, saying that as a result of Triple Play’s withholding errors, he owed hundreds of dollars in state taxes. “I owe too. Such an asshole,” Sanzone replied.
Spinella “liked” LaFrance’s update. “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!!!!” he said. Later posts were similar. All the workers are non-union.
The postings leaked to management. Owner Ralph DelBuono called Sanzone and Spinella in, gave them “a complete and unwelcome surprise” by revealing knowledge of the postings, and fired them. He also told Spinella the bar might pursue him legally.
Thankfully, the National Labor Relations Board thought otherwise. The administrative law judge at the NLRB said that workers communicating on social media about their employer can be seen as protected concerted activity.
Photo by carlosjwj
Why am I not surprised? These ideological conservatives hate the NLRB so much that they would do anything to undermine the NLRB and destroy it from within.
The board’s inspector general said the member, Terence F. Flynn, violated ethics rules by sharing confidential details on the status of pending cases and the likely votes of other members before decisions were released. A report from Inspector General David P. Berry also faulted Mr. Flynn for a “lack of candor” during the investigation.
This is really despicable. I hope that President Obama would ask for Flynn’s resignation from the National Labor Relations Board.
What a great parting shot! As if President Obama’s recess appointments to the NLRB weren’t enough, one outgoing member, Craig Becker decided to take on arbitration only laws.
This decision affects a lot of workers: estimates are that 25% of all non-union workers have signed exactly these kinds of individual arbitrate only agreements. The immediate decision involved a case with the big home builder, D. H. Horton, where a required employment agreement had mandated not only that the worker with an issue had to arbitrate but also barred the arbitrator from making a decision which could apply to any other workers or group of workers.
It’s going to be challenged but it was a great move.
It looks like the real thugs these days aren’t the unions as the right-wing would have you think. The real thuggery is from corporations like Target.
The Brooklyn body of the National Labor Relations Board has gathered more evidence that Target intimidated workers by threatening to close a store if a union was approved in a vote this summer.
The new charges could be enough evidence for an administrative law judge to recommend that the election results be overturned, Alvin Blyer of the regional NLRB told the Minnesota Independent.
Also, circulating on the Internet is an anti-union video that Target makes its employees watch. While Target is not as horrible as Wal-Mart they’re not too far behind.
The NLRB is actually doing what it is supposed to be doing. Imagine if all the agencies actually starting enforcing all their rules and regulations to the fullest.
Board chairwoman Wilma Liebman says the Republican critics are launching misguided effort to portray the board as radical. She sees an agency that is “reinvigorated” and finally back to enforcing labor laws after years of malaise.
“There are those people out there who would prefer that the board be dead or dying,” she told The Associated Press. “Now that it’s alive and sitting up in the hospital bed, they are upset about that. Some are even angry because they’d just as soon it stay dormant.”
Futhermore the rambilings of 47 Republican Senators and the US Chamber of Commerce mean absolutley nothing. They accuse the NLRB of being biased ha! What the hell are you all then? You’re not on the side of working Americans, never have and never will be.
AFL-CIO general counsel Lynn Rhinehart says –
“It’s just really not that remarkable what is going on over at the board,” Rhinehart said. “This is an agency that was set up to protect workers’ rights to organize and to have a union. To the extent this board’s initiatives advance that right, we support them.”