For many months, a school bus driver and some of her colleagues complained to management about the unruly behavior of students on their school buses. Students reportedly kicked, pushed, struck and spit at drivers. The driver met with a local television news reporter and described in detail the students’ behavior, the hazards it posed for drivers and management’s failure to respond to driver complaints about the issue. After the interview aired, the company fired the bus driver.
The driver’s union filed a charge on her behalf with the NLRB’s Buffalo regional office. The NLRB concluded that the employee was engaged in protected concerted activity when she spoke to the news crew and the company violated the law when it fired her. The case was settled just before the trial began.