Hispanics United of Buffalo

359 N.L.R.B. 368 (2012)

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Hispanics United of Buffalo

National Labor Relations Board
359 N.L.R.B. 368 (2012)

  • Written by Tammy Boggs, JD

Facts

Marianna Cole-Rivera (Cole) and Lydia Cruz-Moore (Cruz) worked together assisting victims of domestic violence at Hispanics United of Buffalo (defendant). Cruz often criticized other employees’ work performance in her text messages with Cole. One day, Cruz texted Cole that Cruz intended to discuss her concerns about employee performance with their employer’s executive director. Cole texted back wondering whether Cruz really wanted their boss to know “how u feel we don’t do our job.” Cole then posted a message on her social-media page that stated, “Cruz, a coworker feels that we don’t help our clients enough . . . I about had it! My fellow coworkers how do u feel?” Four of Cole’s coworkers responded by posting comments to the original post, generally defending the adequacy of their work performance. Cruz saw the online activity and complained of the five employees’ conduct to the group’s boss. The boss viewed the social-media posts and fired the five posting employees (plaintiffs) on the ground that they had harassed Cruz. The case was brought before the National Labor Relations Board.

Rule of Law

Issue

Holding and Reasoning (No information provided)

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