Employee’s Profane Facebook Post Protected By NLRA, 2nd Circuit Finds

Mealey's (April 26, 2017, 7:45 AM EDT) -- NEW YORK — Even though a fired employee’s Facebook post was vulgar and offensive, a Second Circuit U.S. Court of Appeals panel on April 21 found that it constituted protected, union-related speech under the National Labor Relations Act (NLRA), leading the panel to grant a petition to enforce by the National Labor Relations Board, which found the man’s firing to be retaliatory in violation of the act (National Labor Relations Board v. Pier Sixty LLC, No. 15-1841, 2nd Cir., 2017 U.S. App. LEXIS 6974)....