MasTec Advanced Technologies

357 NLRB 103 (2011)

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MasTec Advanced Technologies

National Labor Relations Board
357 NLRB 103 (2011)

Facts

Advanced Technologies (Advanced) (defendant), a division of MasTec, Inc. (defendant) provided satellite TV installation services for DirectTV, Inc. (defendant). Advanced implemented a new rule that reduced compensation when an employee installing satellite TV was unable to persuade customers to also purchase telephone line hookups. After multiple meetings in which employees objected to the new rule, a group of 26 satellite TV technicians (the technicians) (plaintiffs) employed by Advanced appeared on a local TV news broadcast to discuss the dispute. The technicians discussed the pay rule, as well as certain objectionable sales techniques. For instance, the technicians discussed how they were essentially told to lie to customers in order to secure sales of additional services. Advanced fired several employees for their participation in the news broadcast. The technicians filed charges with the National Labor Relations Board, alleging that their termination violated § 7 of the National Labor Relations Act. An administrative law judge (ALJ) held that the technicians’ conduct was not protected by the act, and the general counsel filed exceptions to that portion of the ALJ’s decision.

Rule of Law

Issue

Holding and Reasoning (Liebman, Becker, J.J.)

Concurrence (Becker, J.)

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