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NLRB Action in the Age of Facebook
On Oct. 27, 2010, Region 34 of the National Labor Relations Board in Hartford, CT, issued an administrative complaint against American Medical Response of Connecticut, an ambulance operator, alleging that it violated both Section 8(a)(1) and Section 8(a)(3) of the National Labor Relations Act by terminating an employee and for maintaining a policy in its handbook that trammels employees' rights under the NLRA. Usually, the mere allegation that a company has violated the NLRA ' irrespective of the gravity of the claims ' is not news. But this partciular complaint received nationwide media attention ' print, television, and online ' because the allegations centered on an employee's use of Facebook, and her employer's alleged reliance on her Facebook postings in terminating her employment.
What Happened
A customer called in a complaint regarding services provided by Dawnmarie Souza, an Emergency Medical Technician. Souza's supervisor asked her to complete a written incident report. Souza demanded union representation, and the NLRB alleges that she did so because she “had reasonable cause to believe [the incident report] would result in disciplinary action against her.” The complaint alleges that she was unlawfully denied union representation. Later that day, the complaint alleges, Souza “engaged in concerted activities with other employees by criticizing [her] supervisor ' on her Facebook page.” While the complaint does not allege the extent of other employees' participation, the Board's press release explains that Souza “posted a negative remark about the supervisor on her personal Facebook page, which drew supportive responses from her co-workers, and led to further negative comments about the supervisor from [Souza].” Various media outlets have reported that Souza called her supervisor vulgar names and compared him with a psychiatric patient.
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