Why

the NLRB Matters: Protecting Free Speech for American Workers

Without the National Labor Relations Board, there would be no orderly framework to enforce workers rights and resolve disputes. Employers could break the law with impunity. Employees and unions would have nowhere to turn. Corporate America knows this. Thats why theyve waged a campaign to destroy the NLRB. Later this summer, the US Senate will likely take up the slate of President Obamas five qualified nominees to the NLRB. Two of the five seats on the NLRB are currently vacant and the term of another member will expire in August. This means that without the Senate majority taking action to overcome Republican obstruction and move these nominees forward, the NLRB will stop functioning by late August. While there has been recent focus on the important role of the NLRB in maintaining American labor law and protecting workers rights to organize, less attention has been paid to the NLRBs role as the protector of employees right to speak out online about working conditions without fear of firing or discipline. The NLRB has stood up for workers right to freely discuss their jobs, bosses and workplaces on Twitter, Facebook and other online forums. As a result, the upcoming US Senate battle to confirm the full slate of five NLRB nominees has major consequences for American workers who use social media. Water Cooler Talk Will Not Be Censored Federal law has long protected workers rights to discuss workrelated matters, including those that portray their employer in a negative light. The 1935 National Labor Relations Act (NLRA) expressly allows workers to organize or participate in concerted activity for mutual aid or protection. But that right does not end at the actual office water cooler. In fact, as current and renominated NLRB Chairman Mark Pearce told the New York Times, Many view social media as the new water cooler. All were doing is applying traditional rules to a new technology. Social media free speech has become an important and growing focus of the NLRB. Acting NLRB General Counsel Lafe Solomon noted that there has been a strong uptick in the number of social media cases handled by the NLRB, including over 100 cases involving social media since 2010. The NLRB General Counsel also has released three reports on social media policy that are intended to provide employers with guidance on crafting their policies in a manner that protects First Amendment rights and complies with the NLRA. How the Law Protects You The NLRBs groundbreaking rulings on social media are changing the private sector. For example:

 Social Media Policies: When TMobileUSA revamped its social networking policy, it made anonymous comments on social media websites an offense that could result in termination. It was the companys latest attempt to silence workers who had been articulating workplace issues and discussing joining the Communications Workers of America (CWA) on worker forums, Facebook and Twitter. CWA filed an unfair labor practice charge, asserting that this was a violation of employees' protected concerted activity under the NLRA. But before the case went to trial, T Mobile USA agreed to a settlement. The company was required to inform all of its employees that they may discuss workrelated issues on Facebook and similar websites without fear of reprisal. More recently, because of another CWA charge, a NLRB judge ordered DISH Network to change its social media policy that prevented workers from making disparaging or defamatory comments about the company. The policy infringed on employees rights, as workers could "reasonably construe" this rule to mean they can't criticize their employer's labor practices. Talking about your boss: At Bettie Page, a womans clothing store in San Francisco, a group of employees had lodged a number of complaints with the store owners about their managers unprofessional behavior. Frustrated with being ignored, employees finally took to Facebook. Holli Thomas posted, needs a new job. Im physically and mentally sickened. Vanessa Morris responded that the manager is as immature a person can be and Brittany Johnson agreed that bettie page would roll over in her grave. Thomas, Morris and Johnson were fired on trumped up charges. But they filed a complaint, and a NLRB judge found that they lost their jobs as a direct result of their Facebook activity. Bettie Page had clearly violated the worker's "protected concerted activity" rights under the NLRA, and the judge ordered that it reinstate the three clerks with compensation for any loss of earnings and benefits. Discussing Work Conditions: At Hispanics United of Buffalo, a nonprofit social services provider in New York, Mariana ColeRivera started a Facebook thread, asking, Lydia Cruz, a coworker feels that we don't help our clients enough at HUB. I about had it! My fellow coworkers how do you feel? Her colleagues immediately voiced their support, writing, Try doing my job. I have five programs and What the hell, we dont have a life as is. ColeRivera and four caseworkers who responded to her lost their jobs. But the NLRB found that their postswere the type of concerted activity for mutual aid that is expressly protected by the NLRA, since it involved a conversation among coworkers about their terms and conditions of employment, including their job performance and staffing levels. The judge ordered that the fired workers be fully reinstated to their jobs with back pay.

NLRB Works For You As companies adapt to 21st century technologies, the NLRB has kept pace to protect workers and their rights to free speech. Without the NLRBs important protections and enforcement, employers would never be held accountable and workers would have no legal recourse for unjustified firings over workers tweets or Facebook posts. If Republicans in the US Senate continue to block the NLRB nominees in an effort to make the NLRB inoperable, it is imperative that Democratic majority pursue Senate rules reform to ensure a functional NLRB. Workers rights depend on it.