Employees Finally “Face[book]” the Music for “Insubordinate” Posts

In Richmond District Neighborhood Center, 361 NLRB No. 74 (2014) (“Richmond”) the National Labor Relations Board (“Board”) affirmed an ALJ’s decision (previously discussed here) finding that the “insubordinate” and “egregious” Facebook comments of two employees went too far and thus lost protection of the Act, justifying their termination. The Board’s decision in Richmond came just weeks after it ruled in Triple Play Sports Bar & Grille, 361 NLRB No. 31 (2014), that a Facebook discussion regarding an employer’s tax withholding calculations and an employee’s “like” of the discussion constituted concerted activities protected by the Act.

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