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View Diary: Your Political Rights at Work (Prop 8 Boycotts) (196 comments)

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  •  I think the NLRA might be relevant here (2+ / 0-)
    Recommended by:
    HoundDog, linkage

    The National Labor Relations Act gives all employees (that's a specific term here, it probably wouldn't apply to Eckern, who was probably a boss) the right to engage in concerted activity for mutual aid and protection -- the SCOTUS has ruled that "concerted activity for mutual aid and protection" is broad enough to constitute political speech.

    If you're an employee under the Act, you can make a good case that federal law protects your right to advocate a political opinion in a way that is generally acceptable at your worksite -- so, if people are allowed to have bumperstickers on their cars, firing you for having a Kerry bumpersticker amounts to an attempt by your boss to punish you for engaging in concerted activity, and is an unfair labor practice.

    "Run, comrade, the old world is behind you!" -- Situationist graffito, 1968

    by Pesto on Thu Nov 13, 2008 at 01:54:26 PM PST

    •  But it was not his employer who took any action (4+ / 0-)

      against him.  Artists threatened to boycott.  He resigned.  No one fired him.

      Piffle crack eat monkey snow. Really. Leonard Pitts, Miami Herald

      by Susan Grigsby on Thu Nov 13, 2008 at 02:18:15 PM PST

      [ Parent ]

      •  I meant for AdamB's other examples (2+ / 0-)
        Recommended by:
        linkage, Susan from 29

        specifically the person fired for having the Kerry bumpersticker in 2004.

        Eckern is almost certainly not an "employee" under the Act (as Artistic Director, he probably had the power to hire, fire, promote, demote, discipline, or effectively recommend same WRT employees), so he's not protected by it.

        "Run, comrade, the old world is behind you!" -- Situationist graffito, 1968

        by Pesto on Thu Nov 13, 2008 at 03:54:54 PM PST

        [ Parent ]

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