• Talk Radio Call Is Protected Concerted Activity
  • May 17, 2017 | Authors: Howard M. Bloom; Ethan J. Davis; Patrick L. Egan; Matthew D. Freeman; Philip B. Rosen; Jonathan J. Spitz
  • Law Firms: Jackson Lewis P.C. - Boston Office; Jackson Lewis P.C. - New York Office; Jackson Lewis P.C. - Atlanta Office
  • An employee’s call to a talk radio program, during which he criticized staffing and the outcomes of management decisions, was protected concerted activity under the National Labor Relations Act, according to the National Labor Relations Board’s Division of Advice. Trinity Technology Group, Case 12-CA-165643 (June 9, 2016) (released Mar. 27, 2017). The Division decided the employee’s comments were a “logical outgrowth” of prior common coworker complaints about working conditions and in furtherance of the group’s goals, even though the employee was not deputized to speak for others. The Division determined he spoke without knowledge the statements were false or with a reckless disregard for their truth and that the statements were not so “disloyal” as to lose the protection of the NLRA. A broadcast is transitory, but the words spoken can be lasting.