Part II describes the legal doctrine of opprobriousness under the NLRA.
(74) Therefore, if the conduct is concerted, the NLRA might protect conduct otherwise considered unlawful, and reserves the opprobriousness standard for only the most flagrant cases.
However, under certain circumstances, offensive language can violate the opprobriousness standard's high bar.
FURTHER ADAPTING ATLANTIC STEEL TO CREATE A WORKABLE STANDARD FOR OPPROBRIOUSNESS IN SOCIAL MEDIA
The NLRB and courts should adopt a modified Atlantic Steel standard as a uniform standard for opprobriousness in social media cases.
(138) Where the subject matter is unrelated to a traditionally protected topic of conversation, the balance would tip towards a finding of opprobriousness; where the post was provoked by an unfair labor practice, the balance would tip towards a finding of protection.