The National Labor Relations Board ("NLRB") upheld a
San Francisco nonprofit's decision not to rehire two employees
due to their Facebook conversation. In Richmond District
Neighborhood Center, the nonprofit ran an after-school center for
high school students (the "Center"). In May 2012, the
Center held a meeting in which personnel anonymously identified the
pros and cons of working at the Center; the meeting resulted in a
significant number of concerns to management. Shortly thereafter,
two of the employees in attendance thought that management was not
taking those concerns seriously and tried to meet with their
supervisor—to no avail.
The Center employed its personnel on an annual basis, with
employment ending at the conclusion of the school year and the
Center re-hiring much of the same personnel prior to the new school
year according to its needs and funding. As part of that process,
the Center offered the same two employees re-employment for the
next year,
