Employee Rights: Fighting Chance for Fair Bargaining - Essay Sample

Introduction

The NLRB promotes fair bargaining and states that before the termination of any employee's contract, he/she should be given a fighting chance (Sprague, 2006).

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The specific state law that can be used in this case states that every employee has a right to a friendly and proper working environment. The moment that is not met, and the employee feels short-changed financially, emotionally, or physically, then the terms of the employment contract can be revisited and analyzed.

According to the facts of this case, Dawnmarie Souza's situation is very relevant. The first reason is that both employees made a negative comment on either their boss or organization. Secondly, both employees' jobs were on the line following their actions (O'Brien, 2013).

Based on NLRB's laws and statutes, they prohibit employees from making such negative comments about their management or the company on the internet and social media. However, the same NLRB gives the employees a chance to discuss the terms and conditions of their employment contract. Therefore, it would be inappropriate to fire the two employees based on such comments alone.

Employee Comments on Public Blog

In the second case study, it would be highly inappropriate for a company's CEO to respond to a shade thrown at the company on a public blog. Commenting on such a blog confirms that the matter is significant, and this gives power to the attacker. Similarly, it is bound to bring divisions, and many people tend to side with the disadvantaged side even when it is the one at fault.

The CEO should first identify the blogger and arrange for a meeting with the same (Schmidt & O"connor, 2015).

To protect the brand, the CEO should first ask the blogger to take down the post and use a more diplomatic manner to air their grievances. The CEO will then give a chance to the blogger to explain and state some of the reasons that led to this specific blog. Based on the explanation, the CEO should then conduct a root cause analysis study and come up with measures to avoid that in the future.

A specific state law that is applicable in this case study is NLRB law that states employees are not at will to make negative comments about their managers and companies (Eastman & Policy, 2011).

References

Eastman, M. J., & Policy, L. L. (2011). A survey of social media issues before the NLRB. US Chamber of Commerce Labor, 1-40. http://laborrelationstoday.wp.lexblogs.com/wp-content/uploads/sites/312/2011/08/11346675_1_A-Survey-of-Social-Media-Issues-Befor2.pdf

O'Brien, C. N. (2013). The top ten NLRB cases on Facebook firings and employer social media policies. Or. L. Rev., 92, 337. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/orglr92&section=15

Schmidt, G. B., & O'Connor, K. W. (2015). Fired for Facebook: Using NLRB guidance to craft appropriate social media policies. Business Horizons, 58(5), 571-579.

Sprague, R. (2006). Fired for blogging: Are there legal protections for employees who blog. U. Pa. J. Lab. & Emp. L., 9, 355.