Faculty in the theater department of a private school that is not unionized were upset after the
Question:
Faculty in the theater department of a private school that is not unionized were upset after the school administrators weighed in shortly before a musical play was to be held and insisted that major changes be made. Theater faculty scrambled to make the necessary changes and eh show went on. But they remained upset about how the situation had been handled by the administration and the lack of any gratitude for their extra efforts. This led one of the department’s faculty members to draft a letter to the administration, to which other faculty responded. One of the responses came from a teacher who thought that the proposed letter was not forceful enough. Among other things, he said, “I don’t think we need grovel at the feet of the administration and beg for scraps, for thanks or appreciation. … We are seeking redress of grievances. We … would like a direct sincere apology from all of them. Ellen [an administrator] as much as said that they lied to us and lied to the students. … Apologize for lying … Apologize for not being honest, forthright, upstanding, moral, considerate, much less intelligent or wise. Apologize for creating a situation and turning around and blaming us. … Be honest with us, for once. And then leave us alone to do our job. …” The teacher’s email found its way to the administration and he was terminated for acting in a manner that failed to meet the “standard of conduct expected in the academic world.” Did the termination violate the NLRA? Why or why not? ( See Dalton Schools, Inc., d/b/a The Dalton School 364 NLRB No. 18, New York City, NY (2016.) )
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