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ARTICLE · 26 SEPTEMBER 2016

Split D.C. Circuit Panel Upholds NLRB: DirecTV Violated NLRA By Terminating Technicians For Statements Made During A News Interview

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MasTec technicians immediately began to express their displeasure over the new policy.

United StatesEmployment and HR
Mark Theodore
Mark Theodore
Laura Fant
Laura Fant
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In a 2-1 ruling in DirecTV Inc. v. National Labor Relations Board, the U.S. Court of Appeals for the D.C. Circuit affirmed the NLRB's ruling that DirecTV must reinstate technicians who were terminated for complaining about a company pay policy during a television interview, finding that the employees' conduct constituted protected, concerted activity and was not "so disloyal, disparaging and malicious" as to lose protection of the NLRA.

Background

In early 2006, DirecTV informed its installation contractors (whom DirecTV hires to install satellite television receivers in subscribers' homes) that it wanted each of its television receivers to be connected to a working telephone landline in customers' homes, which would offer additional options for the customers and allow DirecTV to track customers' viewing habits to help guide its programming decisions. DirecTV informed MasTec Advanced Technologies, one of its installation contractors, that it would begin charging

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