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NLRB Case StudyKym FrenzelDeVry University1. The NLRB has made findings regarding the use of employee posts on Social Media sites to discipline or terminate those employees. Typically these cases occur when an employee posts “negative” information about their current employer or boss. Sometimes these are “public” and other times the employer uses “spies” or “fake friending” to see the Facebook page of the employee. Find at least one case or article online regarding this topic, and briefly explain the facts of the case, and the determination of the NLRB as to whether the employee was properly or improperly disciplined or terminated as a result of their use of Social Media to complain about, criticize, or publicly bash their company or boss. Provide the citation to the article you discover. (Use the term “concerted activity” in your query or search to help you find one of these cases.) (20 points)As Facebook and Twitter become as central to workplace conversation as the company cafeteria, federal regulators are ordering employers to scale back policies that limit what workers can say online. Employers often seek to discourage comments that paint them in a negative light. Don’t discuss company matters publicly, a typical social media policy will say, and don’t disparage managers, co-workers or the company itself. Violations can be a firing offense. But in a series of recent rulings and advisories, labor regulators have declared many such blanket restrictions illegal. The NLRB says workers have a right to discuss work conditions freely and without fear of retribution, whether the discussion takes place at the office or on Facebook. In addition to ordering the reinstatement of various workers fired for their posts on social networks, the agency has pushed companies nationwide, including giants like General Motors, Target and Costco, to rewrite their social media rules. The decisions come amid a broader debate over what
constitutes appropriate discussion on Facebook and other social networks. Schools and universities are wrestling with online bullying and student disclosures about drug use.