NLRB Ruling on Facebook Posts Highlights Important Lessons for Dealerships

A recent ruling by the National Labor Relations Board (NLRB) has highlighted the importance for dealerships to be aware of the law regarding social media posts and employee conduct. The case involved a BMW dealership that took disciplinary action against an employee for posting pictures and comments on Facebook about the dealership's event and a nearby Land Rover dealership's incident. The NLRB ultimately ruled that the employee's hot dog posts were protected concerted activity, while the Land Rover posts were not. This ruling has significant implications for dealerships, as it demonstrates the potential consequences of taking disciplinary action against employees for social media posts and the importance of understanding the law regarding employee conduct.

Key Takeaways:

• The NLRB ruled that employee Facebook posts about a dealership's event and a nearby incident were protected concerted activity, as they were related to wages, hours, or working conditions.
• The ruling highlights the potential consequences of taking disciplinary action against employees for social media posts, including the risk of an unfair labor practice charge and the potential for an ALJ to order reinstatement and back pay.
• Dealerships must be aware of the law regarding social media posts and employee conduct to avoid potential legal issues.
• The NLRB considers postings to be concerted activity if two or more employees share the same concern or grievance.
• The ALJ found that the dealership's termination of the employee was proper, as it was based solely on the unprotected Land Rover posting.
• Dealerships must be cautious when taking disciplinary action against employees, as the NLRB can get involved even in non-union workplaces.
• The case demonstrates the importance of understanding the law regarding employee conduct and the potential consequences of taking disciplinary action against employees for social media posts.

Statistics:

• The ALJ found that the employee's hot dog posting was "concerted activity" because two or more sales people shared the belief that serving hot dogs was inappropriate.
• The ALJ cited past NLRB cases holding that comments referring to supervisors as "a-holes" and calling a company's CEO a "cheap son of a bitch" did not exceed the "permissible bounds" and were entitled to protection.
• The NLRB can get involved in a dealership's business even if employees are not represented by a union.
• The ALJ determined that the posting did not rise to the level of disparagement necessary to deprive otherwise protected activities of the protection of the Act.

Sources:

• (See, "She Said WHAT About Me?" in the August Dealership Update).
• BMW dealership's decision to serve hot dogs and its effect on employee morale.
• The National Labor Relations Act (NLRA) and the NLRB's ruling in this case.
• Past NLRB cases holding that comments referring to supervisors as "a-holes" and calling a company's CEO a "cheap son of a bitch" did not exceed the "permissible bounds" and were entitled to protection.
• The ALJ's decision in this case.