NLRB: Online gripes about work may be 'protected activity'
Will trash talking hurt business?
- Duration 8:07
- Date Jan 12, 2013
Will trash talking hurt business?
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This transcript is automatically generated
-- be -- of the government's labor board may be giving employees the green light.
To -- their company on social media sites.
The NLRB saying the same month that protects workers' right to unionize also protects workers who have bad -- bosses on FaceBook and take on colleagues on Twitter.
But some here say this ruling isn't about helping employees it's about boosting big labor so are they right.
Wolf hello everyone I'm Cheryl Casone and welcome the cash and then.
I catching a critical -- we had Jonathan Hoenig Tracy Byrnes.
And also joining us this week we have Marjorie -- -- so welcome to all of you and and Jonathan.
Start with you did that this is about protecting the workers or do you think it's about patting union.
-- this this is this is shocking Cheryl this is union led government force that is tremendously destructive the economy destructive of businesses -- mean.
Coolest company is it anyway is it the owners or that the governments of course if the owners and only the owner gets to the site.
Who works there and listen -- no right to a job let alone one you bad -- I'm social media -- And if an employee is out there did -- company disparaging of our employees it's incumbent on the boss to fire them.
The bricks the -- will be -- government has no role in this whatsoever.
-- -- and to -- clear that an Alabi is basically saying that it can -- in some instances it is unlawful to discipline employees are out on social media saying negative things about.
Other company that's their role -- but is this tied to a bigger story here for parts of the nation's unions having power over a government agency or board like that.
-- Yeah this is ridiculous this -- absolute grab for power Jonathan is 100% right.
Look this isn't about people -- sitting around the water cooler at work and bad mouthing their balls to her co workers they they they even said these companies have said.
This is fine this isn't about going to your boss and complaining this isn't also about bias that says -- gender biased or racist -- This is -- what people going on FaceBook calling their balls the scum bag calling their bosses they belong in a cycle ward.
This is something that hurts business and Jonathan is 100% write these guys -- this -- they need to be fired.
You know mark Graham president think that this government or to maybe the government overall going a little too far into the issue.
The workplace I mean these are private companies private corporations these people are choosing to work at these companies is that.
The government's business to get involved and this -- Well what we know -- -- 73%.
Of HR professionals actually checks social media before they hire someone and absolutely when you are hired by a company you're representing that company.
And it -- a look at that in two ways and with the unions are arguing is we still need the right to be able to organize and if they do that by social media that they should be able to -- I think in some ways.
-- social media can be an effective tool when constructively used to offer suggestions of things that can change but in a lot of the cases are citing.
If people making racist statements are an appropriate statement that really fond of the category of slander.
So I think apple is the right of business to be able to say look we want our employees are represent the company in a way.
It is a good -- but -- another we need to look at in making sure you know as Don mentioned.
It it's protecting gender it's protecting race and that in those cases they're absolutely you know they they need the right to be able to sort of voice.
Challenges that are real -- Tracy this this is a top law generally find here in the sand between.
What is right to protect the workers and and -- company has the right to say hey you work for me you cannot -- me on Twitter.
Share -- you and I have read some really rotten things about our shelves -- And on some sort of nothing to brag about -- saying wow I hung up and we did you -- back.
But not like reading his speech but if you wanna really would you want to believe that is your problem with.
A private company has -- to basically penalize you for just about anything you do that as anything we do do with their company.
Other then that you should do is go away none of their business and how I want makes fun of me out the -- thought I was.
That last night I have that right I don't have a hunting might win -- when the wind here when the whole battle when it comes of people want they're making contact there but -- This is real that it does the threat Madonna went against the government and Lindsay did you disagree.
Slightly with a mock Marjorie said -- guess unions have the right to organize but they have no right to use government force which is exactly what the NR LB this is essentially a branch of government.
And it's like I mean nowhere I can come up with this could spot that people didn't have a right to sit around bad -- their boss and and then show up for work expecting their -- -- an indication.
Available -- -- yeah loans to the owner -- decide if only they decide who -- there and they have the right to fired employee for any reason at.
That they think it's true now Marjorie and can't again this is -- really top line in the sand to find here.
What's appropriate on both sides that sent it out I am I I understand they're trying to do have -- they can't -- -- -- and they're going to be accused of being.
Pro union in having the wrong motivations to do the right -- Absolutely no I mean you have to look at it it's still free market system and absolutely if you're on and on Twitter and yeah I've been the same thing when -- -- put yourself out there and national media.
Or you put yourself out there on FaceBook or Twitter.
You absolutely have that others have the right that they whatever they want for better -- for worse than so.
I've -- -- I'm kind of glad you're aware -- dreaming not a court well unions and unions again I don't think they're seeking a block.
Well we have to look at -- it's not a black and white issue and we have to look at the case is on the table if in some cases -- saying look we need to protect workers whose rights are being violated.
They're not Baldwin -- category now the example that's been put -- They're not this what kinds of examples of people saying my Bob of the -- old jerk and you know and that I absolutely you're out the door and.
Like the union shouldn't be involved that's exactly that's really needs an out and let the company take care this on their own if they want to be slandered great that they want to penalize you for it.
That's their prerogative union should have nothing to do with us -- -- there's another it's.
Steve -- as -- that the fact that basically that this is protecting.
You know when you talk about social media -- Twitter it's FaceBook its other you know linked and everything I mean how protected.
Does does that need to be I mean there is a freedom of speech piece of the constitution last time I checked.
-- -- there's a freedom of speech but there's not a freedom of responsibility that is a big difference and what ever happened to be in -- -- -- whatever happened to going to work and being loyal soldier boy if you don't lock your employer is very simple.
Don't don't work somewhere else and don't go out and bad about them in public look at these are publicly traded companies.
You can stop calls the stock price to suffer like you going out and having a few cocktails and call your balls he's got back on Twitter.
These guys are morons who -- doing and they deserve to be fired.
Doesn't it doesn't it doesn't matter if it's on Twitter or whether you're wearing a sandwich board you know walking through the streets of your local.
I mean a boss has the right to fire -- hire anyone they want the government has no role in it I mean at.
At all and I think that's what makes rules like this and of course it comes from the union but it's not enacted by the union connected by government it's an active life.
For -- -- -- -- -- -- do you think Margaret that's the missing piece of this too is -- -- does the company have the right.
To fire people for this type of online activity -- an RB is somewhat saying they don't.
Well I mean I absolutely think they do and I think again looking at the case and what the representing at the question of are they able to organize online I think companies should I mean look if if you're right they can go work somewhere else and I don't think the people especially in some of the examples we've seen which are flat out yeah raises an inappropriate.
That's not that you know that's not a positive way I think I was the -- you can beat out the door.
So I think the question is we have to look at you know I don't think that there I think we haven't gotten -- ruling on that -- the bottom line and I'll be shocked.
If the unions went in this case by -- -- a Trace last four.
-- regs need to get a little thicker skin I mean some level is gonna -- that they -- my hair and I thought -- notably.
Think that I know whatever you know I thought that was that was out at me honey yes.
We could I would -- we're going on -- Guys thank you very.