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: Social Media Policies, Concerted Activity, and HR Management - Case Study Example

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Social media has impacted the work place in a huge way as employees use it as the platform for communicating with each other, and as a source of information about co-workers and supervisors. Employers…
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Case Study: Social Media Policies, Concerted Activity, and HR Management
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Download file to see previous pages cted the attention of the public is the discharge of five employees from the Hispanic United of Buffalo Incorporation for making negative comments on Facebook.
The case involved two employees of Hispanic United of Buffalo, which is a non-profit social service company, whereby one employee criticized the job performance of the other employee. The criticized worker went on Facebook outside of work hours and posted a message stating that she was fed up with the employee being critical of her and asking other co-workers their opinions. In the process, four co-workers replied to the post with a language that encompassed various obscenities, stating that they were also angry with the employee in question (Timmons, 2013). This prompted to immediate discharge of the five employees by the executive director of the HUB alleging that their conducts were violating the HUB’s policy of “zero tolerance” against bullying and harassment. The sacked employees filed a complaint with the NLRB whereby the administrative law judge agreed that the employees’ Facebook postings were protected concerted activity under the NLRA, and that HUB had therefore violated the NLRA by discharging the employees. The judge ordered that the employees be reinstated with a back pay (Timmons, 2013).
The decision made by the judge was invalid because it did not match the provisions made by the National Labor Relations Act (NLRA). Under the act, the NLRB hold that an employee can speak out on a personal Facebook, Twitter, LinkedIn or any other personal social media account without fear of retaliatory discipline if the posting is “concerted protected activity” that is “not opprobrious” in nature. In this setting, the words “not opprobrious” means “be civil about it” (do not break laws, harass others, or defame) (Flynn, 2012).
The act requires employees to make professional postings which do not hurt the conscience of the other employees/employer or tarnish the image of the ...Download file to see next pagesRead More
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