A, a customer service employee at a Wal-Mart store in Oklahoma posted on his Facebook page while

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“A”, a customer service employee at a Wal-Mart store in Oklahoma posted on his Facebook page while off duty “Wuck-Falmart! I swear if this tyranny doesn’t end in this store they are about to get a wakeup call because lots are about to quit!” Two coworkers responded to A’s postings with brief comments, and he replied with comments complaining that he was “chewed out” for putting merchandise in the wrong place. And, he wrote that he was going to talk to the store manager “about this shit cuz if it don’t change Wal-Mart can ….” When Wal-Mart learned of the Facebook posting the store suspended him for a day, making him ineligible for promotion for 12 months. “A” believes that his comments were protected concerted activities under Section 7 of the NLRA, and the discipline was a violation of Section 8(a)(1). The employer disagreed. Was this an unprotected individual “gripe” of an employee; or was it NLRA-protected concerted activity? [Wal-Mart, NLRB Div. of Advice, No. 17-CA-25030 (July 19, 2011)].

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