More NLRB Facebook News

Yesterday I posted about how Jessica Braverman is doubtful about the NLRB’s aggressive stance regarding private employers ability to fire workers for what they say about the workplace on Facebook.  She is particularly doubtful about how this will play out in California.  So far, she has been right as the latest complaint the NLRB filed concerned a BMW dealership and their sales team in Chicago.

But Are Private Employers Treated Differently than those with Union Workers?

It doesn’t look like it as these employees were commissioned sales professionals.  The more interesting question to me is where the line is in terms of disparaging your employer versus discussing working terms and conditions.  For example, if employees go to Facebook and complain about personal aspects of their boss – that he is fat or ugly or never laughs, that probably won’t qualify as discussing working terms and conditions but the worker add that he never smiles or says anything nice, that could be creating a hostile working environment.  This seems like a slippery slope and what if the intent of the workers is clearly to complain but they include issues that impact the workplace – is that enough to trigger Section 7?

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