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Thin Skin? Discharge of Employee for Criticizing Executive’s Salary Was Unlawful

May 31, 2019 |  Labor Relations, National Labor Relations Board
David Pryzbylski

David J. Pryzbylski

Partner

Employees commonly make complaints in the workplace – about anything from compensation to temperature control. When employees comment on their terms and conditions of employment, however, companies need to keep in mind that such comments may be protected by the National Labor Relations Act (NLRA). A recent case from the National Labor Relations Board (NLRB) offers an important reminder on this front.

In a decision issued on May 23, 2019, the board ruled that a company violated the NLRA when it terminated an employee for criticizing an executive’s salary. The employee at issue was an engineer. The employee believed that his and other engineers’ workloads were excessive. At an engineering “team building lunch,” the employee remarked to a company director that the organization should focus on hiring more engineers to alleviate workload rather than paying a new executive $400,000 annually. Several of his coworkers expressed agreement with these sentiments. The employee subsequently was discharged.

The NLRB found that the employee’s discharge was unlawful because, in the agency’s view, it was based on the comments made at the team building lunch regarding the executive’s salary. Section 7 of the NLRA vests employees with the right to engage in concerted action for their “mutual aid and protection.” Accordingly, the board determined that the employee’s comments expressing a group concern related to working conditions were protected by the act.

Companies need to be mindful of the NLRA when evaluating whether employee statements or actions in the workplace can serve as legitimate grounds for discipline, especially when complaints about their terms or conditions of employment are at issue.

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Better Late Than Never? In Election Using Mailed-In Ballots, NLRB Says Postal Service Failure Is No Excuse for Late Ballots

October 30, 2015 | National Labor Relations Board

An NLRB Hobgoblin: NLRB Excelsior List Requirement Expanded Under Interpretation of Board’s New Election Procedure Rule

October 27, 2015 | National Labor Relations Board

When Will the Other Shoe Drop? NLRB May Hand Down Second Blow after Browning-Ferris

September 30, 2015 | National Labor Relations Board

NLRB: Not-for Profit Canvassers Are Not Independent Contractors

September 30, 2015 | National Labor Relations Board

Employers Take Note: Just in Time for Labor Day NLRB Issues Multiple Decisions That Significantly Erode Many Employer Interests

September 4, 2015 | National Labor Relations Board

Another Noel Canning Rubber Stamp – Obama NLRB Overturns 1962 Case and Holds that Dues Checkoff Duty Now Continues Beyond Contract Expiration

September 2, 2015 | National Labor Relations Board

NLRB Election Rule Statistics Demonstrate Shorter Election Periods and Why Proactively Preparing for Union Organizing is Smart Business

September 1, 2015 | National Labor Relations Board

The Hits Keep On Coming: NLRB Ruling Makes It Easier For Unions To Establish “Joint-Employers” Under The NLRA

August 31, 2015 | National Labor Relations Board

NLRB: Filing an FLSA Collective Action is Protected Concerted Activity

July 31, 2015 | National Labor Relations Board

Is The Supreme Court Primed to Create “Right-to-Work” for Public Employees Nationwide?

July 9, 2015 | State Labor Laws

PROMISE OF CONFIDENTIALITY – NOT SO FAST

July 9, 2015 | National Labor Relations Board

Can Graduate Assistants Organize? Columbia University Effort Could Result in the Reversal of the Brown Decision

June 29, 2015 | National Labor Relations Board

NLRB Reaches Agreement With The Republic Of Colombia To Educate Colombian Citizens On The NLRA

June 16, 2015 | National Labor Relations Board

NLRB Jurisdiction Over Indian Tribes – Uncertainty Abounds

June 12, 2015 | National Labor Relations Board

The Aftermath of "Ambush" Elections - Union Petitions Increase, Median Time to Election Decreases During First Month of Controversial Rule

June 9, 2015 | National Labor Relations Board, Labor Relations

House Committee Considers “NLRB’s Assault on Right-to-Work”

June 4, 2015 | National Labor Relations Board

NLRB Advice Memo Provides Additional Guidance on Joint Employer Standard

May 13, 2015 | National Labor Relations Board

Analysis of NLRB Elections Prior to the New Ambush Election Rules

April 28, 2015 | National Labor Relations Board

NLRB Signals It May Chip Away at Right to Work Laws

April 22, 2015 | National Labor Relations Board

Unions Get Free Pass From The NLRB When It Comes To Facebook Postings?

April 21, 2015 | National Labor Relations Board

They're Here -- New NLRB "Quickie" Election Rules Go Into Effect Today

April 14, 2015 | National Labor Relations Board

NLRB General Counsel Issues Comprehensive Report on Handbook Rules

March 19, 2015 | National Labor Relations Board

Non-Union Employers Beware: The NLRB Outlaws Employer’s Questions Regarding Supervisor's Performance

February 20, 2015 | National Labor Relations Board

Ripples of Noel Canning Continue

February 20, 2015 | National Labor Relations Board

NLRB: Employer letters regarding dues payment options violated NLRA

February 4, 2015 | National Labor Relations Board

God in the Details - NLRB Modifies Test for Jurisdiction Over Religious Education Employers

January 22, 2015 | National Labor Relations Board

DC CIRCUIT OVERTURNS NLRB ON COMPANY ONLY HAT RULE

January 20, 2015 | National Labor Relations Board

NLRB Sued Over Quickie Election Rule

January 7, 2015 | National Labor Relations Board

NLRB Upholds Subpoena of Employer’s Employee Handbook

January 6, 2015 | National Labor Relations Board

NLRB DROPS THE OTHER SHOE – APPROVES QUICKIE ELECTION RULES

December 12, 2014 | National Labor Relations Board

Senate Confirms McFerran as New NLRB Member

December 9, 2014 | National Labor Relations Board

NLRB Ruling Critical of Company Distribution / Solicitation Rule

December 3, 2014 | National Labor Relations Board

NLRB Advice Memo follows Alan Ritchey on Discretionary Discipline, Despite Nullification by Noel Canning

November 26, 2014 | National Labor Relations Board

Amazon Settlement with NLRB a Reminder for Employers -- "Confidential" Wage Policies Violate the NLRA

November 25, 2014 | National Labor Relations Board

President Swaps Out Choice for NLRB Seat

November 18, 2014 | National Labor Relations Board

NLRB Continues To Invalidate Class Action Waivers In Mandatory Arbitration Programs

November 3, 2014 | National Labor Relations Board

Advocacy of Insubordination on Facebook Is Concerted But Not Protected Activity

October 30, 2014 | National Labor Relations Board

NLRB Chooses Form Over Function

August 20, 2014 | National Labor Relations Board

1 Is NOT The Loneliest Number…At Least At The NLRB

August 13, 2014 | National Labor Relations Board

NLRB applies Specialty Healthcare "micro-union" standards to retail industry with mixed results

August 6, 2014 | National Labor Relations Board

NLRB Shoots Down Another Confidentiality Rule

August 5, 2014 | National Labor Relations Board

NLRB Ratifies All Administrative Actions in Wake of Noel Canning Decision

August 4, 2014 | National Labor Relations Board

NLRB WEEKLY SUMMARY OF DECISIONS, July 14-18

July 23, 2014 | National Labor Relations Board

NLRB Decides Not to Risk Its D.R. Horton Decision

July 22, 2014 | National Labor Relations Board

Labor Lawyers, Constitutional Scholars Await Noel Canning

June 23, 2014 | National Labor Relations Board

NLRB Again Overturns Discharge Of Employee Who Engaged In A Profanity-Laced Argument With A Manager In Front Of Customers

June 18, 2014 | National Labor Relations Board

NLRB WEEKLY SUMMARY OF DECISIONS, June 9-13, 2014

June 17, 2014 | National Labor Relations Board

NLRB WEEKLY SUMMARY OF DECISIONS, MAY 27-30, 2014

June 6, 2014 | National Labor Relations Board

NLRB WEEKLY SUMMARY OF DECISIONS, MAY 19-23, 2014

May 30, 2014 | National Labor Relations Board

NLRB WEEKLY SUMMARY OF DECISIONS, MAY 12-16, 2014

May 22, 2014 | National Labor Relations Board

NLRB WEEKLY SUMMARY OF DECISIONS, May 5-9, 2014

May 14, 2014 | National Labor Relations Board

Can Your Employees Use Your Company’s E-Mail System To Solicit Support For A Union? The NLRB Is Going To Weigh In…

May 2, 2014 | Union Organizing

NLRB To Include Hyperlinks In Notice Postings

April 30, 2014 | National Labor Relations Board, Unions and Union Membership

NLRB Continues To Impose Expansive Penalties On Employers

April 29, 2014 | National Labor Relations Board

For Their Eyes Only: Northwestern to Limit Media Access at Union Polling Location

April 24, 2014 | National Labor Relations Board, Union Organizing, Unions and Union Membership

NLRB Weekly Summary of Decisions, April 14 -18, 2014

April 24, 2014 | National Labor Relations Board

Northwestern Election Kicks Off This Friday

April 23, 2014 | National Labor Relations Board, Union Organizing

NLRB DR Horton Rehearing Denied

April 17, 2014 | National Labor Relations Board

NLRB Requires Employer to Pay Union’s Negotiation Expenses in Refusal to Bargain Case

April 16, 2014 | National Labor Relations Board, Unions and Union Membership

NLRB Weekly Summary of Decisions, March 31-April 4, 2014

April 10, 2014 | National Labor Relations Board, Labor Relations

Yet Another Blow to Employers’ Social Media Policies – Company Rescinds Nation-Wide Policy

April 10, 2014 | National Labor Relations Board

NLRB to Live Stream This Week’s Hearings

April 7, 2014 | National Labor Relations Board

Not April Foolin’: National Labor Relations Board Finds Employer Rule Requiring Positivity and Professionalism Unlawful

April 7, 2014 | National Labor Relations Board

Northwestern Union Election Date Set

April 3, 2014 | National Labor Relations Board, Union Organizing, Unions and Union Membership

NLRB Weekly Summary of Decisions - March 24-28, 2014

April 2, 2014 | National Labor Relations Board

BTLabor Relations Blogger & Attorney Fields Questions on College Football Players Union Ruling

March 28, 2014 | National Labor Relations Board, Union Organizing, Unions and Union Membership

NLRB Directs Election at Northwestern – Scholarship Football Players are Employees

March 26, 2014 | National Labor Relations Board, Union Organizing, Unions and Union Membership

NLRB Weekly Summary of Decisions

March 26, 2014 | National Labor Relations Board

NLRB Chairman signals willingness to reverse Register Guard decision

March 24, 2014 | National Labor Relations Board, Unions and Union Membership

NLRB Weekly Summary of Decisions - March 10-14, 2014

March 21, 2014 | National Labor Relations Board

NLRB Weekly Summary of Decisions

March 12, 2014 | National Labor Relations Board

NLRB Continues to Go Against the Grain with Arbitration-Related Decisions

March 10, 2014 | National Labor Relations Board

NLRB GC Issues Mandatory Advice Memo

February 27, 2014 | National Labor Relations Board

Northwestern Football and NLRB Are Now On the Clock

February 26, 2014 | National Labor Relations Board

NLRB Schedules Public Meeting On Proposed Election Rules Changes

February 26, 2014 | National Labor Relations Board

NLRB Weekly Summary of Decisions - Feb. 10-14, 2014

February 24, 2014 | National Labor Relations Board

A Rare Facebook “Like” for Employers: NLRB Overturns ALJ, Finds Lack of Evidence to Support Facebook Post as Protected Activity

February 21, 2014 | National Labor Relations Board

NLRB Weekly Summary of Decisions - Feb. 3-7, 2014

February 20, 2014 | National Labor Relations Board

Not So Final and Binding – The NLRB Proposes Changes to Arbitration Deferral Policy

February 19, 2014 | National Labor Relations Board, Labor Relations

Northwestern Football and the NLRB: Hearing Start This Week

February 13, 2014 | National Labor Relations Board, Labor Relations

NLRB At It Again: Another Confidentiality Policy Bites the Dust

February 11, 2014 | National Labor Relations Board, Labor Relations

Is the NLRB Seeking to Expand its Jurisdiction Over Religious Universities?

February 11, 2014 | National Labor Relations Board

NLRB Weekly Summary of Decisions - Jan. 27-31, 2014

February 7, 2014 | National Labor Relations Board

NLRB Re-Issues “Quickie Election” Rules: It’s Déjà Vu All Over Again

February 5, 2014 | National Labor Relations Board, Labor Relations

A “Hail Mary”? Northwestern Student-Athletes File Union Petition with the NLRB

January 29, 2014 | National Labor Relations Board, Unions and Union Membership

NLRB Moves Forward on UAW Charges at Mercedes-Benz Alabama

January 29, 2014 | National Labor Relations Board

NLRB Weekly Summary of Decisions - Dec. 30, 2013-Jan. 24, 2014

January 28, 2014 | National Labor Relations Board

“The More Things Change, The More They Stay The Same”: Bureau of Labor Statistics Releases Report On U.S. Unionization Rates For 2013

January 27, 2014 | Unions and Union Membership

NLRB ALJ Continues to Apply D.R. Horton, Despite Fifth Circuit Reversal

January 24, 2014 | National Labor Relations Board

Final nail in the coffin for quickie election rule?

January 23, 2014 | National Labor Relations Board

NLRB Weekly Summary of Decisions for Dec. 16-20, 2013 and Dec. 23-27, 2013

January 10, 2014 | National Labor Relations Board

NLRB Fails to File Appeal to the Supreme Court for Review of its "Poster Rule"

January 5, 2014 | National Labor Relations Board

Weekly Summary of NLRB Decision - December 9-13, 2013

December 30, 2013 | National Labor Relations Board

NLRB Issues 2013 PAR Report

December 20, 2013 | National Labor Relations Board

Weekly Summary of NLRB Decision - December 2-6, 2013

December 17, 2013 | National Labor Relations Board

NLRB Throws in Towel on Quickie Election Rule Appeal

December 11, 2013 | National Labor Relations Board

Weekly Summary of NLRB Decision - November 25-29, 2013

December 9, 2013 | National Labor Relations Board

Weekly Summary of NLRB Decision - November 18-22, 2013

December 4, 2013 | National Labor Relations Board, Labor Relations

11th Circuit Jumps Into the Fray and Upholds the NLRB Recess Appointments

November 22, 2013 | National Labor Relations Board

Weekly Summary of NLRB Decision - November 12-15 2013

November 22, 2013 | National Labor Relations Board

NLRB Judge Gives a “Like” to Facebook-Related Termination

November 14, 2013 | National Labor Relations Board

Weekly Summary of NLRB Decisions - October 28-November 1, 2013

November 13, 2013 | National Labor Relations Board

Weekly Summary of NLRB Decisions - October 21-25, 2013

November 8, 2013 | National Labor Relations Board

Noel Canning Argument Set for Jan. 13, 2014

November 6, 2013 | National Labor Relations Board

Seventh Circuit Rules Salary Payments Violate the Labor Management Relations Act

November 6, 2013 | National Labor Relations Board

Unlawful to Condition Bargaining on the Result in Noel Canning

October 24, 2013 | National Labor Relations Board

NLRB Back in Business, Griffin’s Nomination Before the Senate

October 23, 2013 | National Labor Relations Board

NLRB Opens - Here We Go Again - Haiku

October 17, 2013 | National Labor Relations Board

Poetic Musings on the Shutdown: Where oh Where is my NLRB?

October 7, 2013 | National Labor Relations Board

Shutdown Closes NLRB Operations

October 2, 2013 | National Labor Relations Board

Is The NLRB Being Unfair to Employers?

September 30, 2013 | National Labor Relations Board

Weekly Summary of NLRB Decision - September 16-20, 2013

September 27, 2013 | National Labor Relations Board

Weekly Summary of NLRB Decision - September 9-13, 2013

September 19, 2013 | National Labor Relations Board

Weekly Summary of NLRB Decisions - September 3-6, 2013

September 12, 2013 | National Labor Relations Board

The Hits Keep Coming: D.C. Circuit Denies Rehearing for NLRB Notice Posting Case

September 6, 2013 | National Labor Relations Board

A Weekly Summary of NLRB Decisions for Aug. 26-30, 2013

September 4, 2013 | National Labor Relations Board

ALJ Calls Out NLRB for Lack of "Intellectual Integrity"

September 4, 2013 | National Labor Relations Board

First Social Media Policies and Now E-Mail?

August 29, 2013 | National Labor Relations Board

A Weekly Summary of NLRB Decisions for Aug. 19-23, 2013

August 28, 2013 | National Labor Relations Board

Federal Judge Rules NLRB General Counsel’s Appointment Invalid

August 22, 2013 | National Labor Relations Board

A Weekly Summary of NLRB Decisions for Aug. 12-16, 2013

August 21, 2013 | National Labor Relations Board

Sixth Circuit Upholds NLRB’s Specialty Healthcare “Micro-Union” Decision

August 19, 2013 | National Labor Relations Board

NLRB Is Working With A Full Slate

August 16, 2013 | National Labor Relations Board

A Weekly Summary of NLRB Decisions for Aug. 5-9, 2013

August 14, 2013 | National Labor Relations Board

4th Circuit Again Tells NLRB To Pound Sand Over Board’s Direction That Employers Hang Paper

August 13, 2013 | National Labor Relations Board

A Weekly Summary of NLRB Decisions for July 29, 2013 - Aug. 2, 2013

August 7, 2013 | National Labor Relations Board

It’s Official: Top Union Lawyer To Be NLRB General Counsel

August 5, 2013 | Unions and Union Membership

The Fix Is In - Senate Confirms NLRB Nominees

July 30, 2013 | National Labor Relations Board

BREAKING: Senate Voting on Slate of NLRB Nominations

July 30, 2013 | National Labor Relations Board

Strike One, Strike Two: The NLRB Knocks Down Another Confidentiality Policy

July 30, 2013 | National Labor Relations Board

Obama Slides Griffin Over to Vacant GC Slot

July 26, 2013 | National Labor Relations Board

New Obama NLRB Nominations of Hirozawa, Schiffer and Gaston Pearce Making Progress In The Senate

July 26, 2013 | National Labor Relations Board

Senate HELP Committee Questions NLRB Nominees

July 25, 2013 | National Labor Relations Board

CWA President Bashes Senate’s “Nuclear” Compromise

July 18, 2013 | National Labor Relations Board

Obama's New NLRB Nominees and Noel Canning

July 18, 2013 | National Labor Relations Board

President Obama Consults with Trumka on New NLRB Nominees

July 17, 2013 | National Labor Relations Board

NLRB Partners With Justice Department’s Immigration Office

July 10, 2013 | National Labor Relations Board

Ole! The 6th Circuit Side-Steps the Noel Canning Challenge and Issues Pro-Employer Ruling on "Supervisor" Issue

July 9, 2013 | National Labor Relations Board

The NLRB Continues to Ignore Noel Canning

July 5, 2013 | National Labor Relations Board

Under The Radar Case Could Yield Most Significant Labor Law Case of the Last Decade

July 2, 2013 | National Labor Relations Board

Supreme Court to Hear Recess Appointment Dispute

June 24, 2013 | National Labor Relations Board

Supreme Court’s AmEx Class Action Waiver Decision Spells Trouble for NLRB

June 21, 2013 | National Labor Relations Board

Another Loss for the NLRB on Notice Posting Rule

June 17, 2013 | National Labor Relations Board

Doubling Down – The NLRB Shuns Noel Canning Implications Again

June 12, 2013 | National Labor Relations Board

Red Cross Confidentiality Policies Fail to Pass Muster with the NLRB

June 10, 2013 | National Labor Relations Board

The Right-to-Work Discussion Carries On in the Seventh Circuit and the Ohio Statehouse

June 5, 2013 | National Labor Relations Board, Labor Relations

Senate Committee Approves NLRB Nominees for Confirmation Vote

May 23, 2013 | National Labor Relations Board, Labor Relations

NLRB Weekly Summary of Decisions - May 6-10, 2013

May 20, 2013 | National Labor Relations Board

Third Circuit Follows D.C. Circuit on Noel Canning, Holds Becker Recess Appointment Invalid

May 16, 2013 | National Labor Relations Board

An Extension of Noel Canning? Becker Appointment in Jeopardy too

May 8, 2013 | National Labor Relations Board

Noel Canning be damned: NLRB holds D.C. Circuit Decision Does Not Require Complaint Dismissal

May 8, 2013 | National Labor Relations Board

NLRB Suffers 2nd Major Defeat As D.C. Circuit Invalidates Posting Rule

May 7, 2013 | National Labor Relations Board

D.C. Circuit Calls Out NLRB For “Interpretive Leap”

May 6, 2013 | National Labor Relations Board

A Weekly Summary of NLRB Decisions for April 22-26, 2013

May 6, 2013 | National Labor Relations Board

Department of Justice Files Writ of Certiorari with U.S. Supreme Court in Noel-Canning Case

May 1, 2013 | National Labor Relations Board

NLRB Weekly Summary of Decisions for April 8-12, 2013

April 19, 2013 | National Labor Relations Board

Back to the Full Complement?

April 10, 2013 | National Labor Relations Board

Court Overturns NLRB Decision in Stella D’Oro Biscuit Co. v. NLRB

April 1, 2013 | National Labor Relations Board

House Introduces Bill

March 14, 2013 | National Labor Relations Board

NLRB Bypasses DC Circuit Rehearing and Intends to Proceed to Supreme Court

March 14, 2013 | National Labor Relations Board

NLRB Lightens Grip on At-Will Language

March 12, 2013 | National Labor Relations Board

Cease and Desist?

March 1, 2013 | National Labor Relations Board

AFL-CIO Demands Fully Staffed NLRB

February 28, 2013 | Labor Relations

Noel Canning Delays Review of “Ambush” Election Rules

February 22, 2013 | National Labor Relations Board

NLRB General Counsel Issues Guidance on Calculating Backpay under Latino Express

February 21, 2013 | National Labor Relations Board

If At First You Don't Succeed: Obama Renominates Recess Appointments

February 14, 2013 | National Labor Relations Board

Should Obama's NLRB Appointees Resign?

February 1, 2013 | National Labor Relations Board

D.C. Circuit Holds NLRB Recess Appointments Invalid

January 25, 2013 | National Labor Relations Board

New York Times Examines NLRB Social Media Rulings

January 23, 2013 | National Labor Relations Board, Labor Relations

NLRB Now Permits Front Pay in Lieu of Reinstatement in Board Settlements

January 14, 2013 | National Labor Relations Board

2013: Will NLRB Have Its Bobby Ewing Moment?

January 9, 2013 | National Labor Relations Board

Our Top 10 Labor Law Events of 2012

December 31, 2012 | National Labor Relations Board

Federal Judge Refuses to Change His Decision Invalidating the Ambush Election Rules

July 30, 2012 | Federal Laws and Legislation, National Labor Relations Board

NLRB Asks D.C. District Court to Reconsider Decision Invalidating “Ambush” Election Rules

June 13, 2012 | National Labor Relations Board

NLRB Suspends Implementation of Ambush Election Rules

May 15, 2012 | National Labor Relations Board

D.C. District Court Throws Out Ambush Election Rules, Finds Board Lacked Quorum

May 14, 2012 | National Labor Relations Board

NLRB Quickie Election Rules Under Attack

February 8, 2012 | National Labor Relations Board

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