NLRB Allows Firing of Pizzeria Employee Following Criticism of Manager
The National Labor Relations Board (NLRB) has ruled that a pizzeria that fired an employee who criticized a manager did not violate the National Labor Relations Act. Bud’s Woodfire Oven LLC, No. 05-194577 (N.L.R.B., issued May 18, 2018). The determination focused on whether the employee acted on his own behalf or engaged in protected concerted activity by criticizing his manager using profanity during a staff meeting. The board found no corroboration for the employee’s testimony that other coworkers had complained about the manager’s conduct; further, the employee’s criticism did not “lay the foundation for meaningful dialogue about employees’ terms and conditions of employment.” Instead, the employee’s remark was intended as an insult and “calculated to undermine [the manager’s] authority,” the board held.