Friday, April 08, 2005

Blog info

From Anonymous:

This link (found on Slashdot tonight) might be of interest to yourself or others who may be posting to the LANL blog.

http://www.eff.org/Privacy/Anonymity/blog-anonymously.php

Thanks for the blog - it has been very informative, and I appreciate that you have given all of us LANL folks a forum to talk and hear from others.


Comments:
The referenced site is very interesting and informative but it does not discuss the issue of "concerted activity" which forms the operative reason for this blog. The following post while somewhat lengthy, covered that issue:
Protected Concerted Activity

Protected "concerted activity" is any activity engaged in by several employees or groups of employees for their “mutual aid or protection.” There is no requirement that this activity to be in any way related to or under the auspices of any labor union. Such activities include employee efforts to improve working conditions and terms of employment, or to identify and call attention to unlawful, adverse or questionable activities. If an employee is engaged in such protected concerted activity, an employer will be in violation of the National Labor Relations Act (NRLA) if, in addition:

The employer (the University of California and/or the Los Alamos National Laboratory) knew of the concerted nature of the concerted employee activity (Director Nanos, in his capacity as Director of said Laboratory and as an officer of the University of California, knows of the Blog LANL: The Real Story and knows that its purpose is to have him removed as director for cause, to improve working conditions at the Laboratory; and to protect the national security interests and resources of the American people.);

The concerted activity is protected by the Act (demonstrated in this case by the named reasons aforementioned); and

Any adverse employment actions (e.g., discharge) were motivated by the employee’s protected concerted activity. (No reported adverse actions in re the aforementioned blog have been reported to date.)

Section 8 of the NLRA (29 USC § 158(a)(1)) provides: “It shall be an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in [Section 7].” In essence, an employer’s retaliatory conduct against an employee because of that employee’s protected concerted activity violates the rights guaranteed by Section 7 of the NLRA. Remedies for unfair labor practices include reinstatement with full back pay plus interest. Employers also are required to post a notice to all employees detailing the assessed violation and the remedy.
 
If the 5:36 PM post says what I think it does, then it means that LANL cannot retaliate against Doug for running the blog, nor against anyone who contributes to it. I suppose, were either of those two things to happen, we would be reading about it on the blog (and in the New Mexican, the Albuquerque Journal, the Monitor, the Oakland Tribune, the TriValleyHerald, the Associated Press, Physics Today, and Nature Magazine, to name a few).
 
Assuming the EFF page is likely a work-in-progress, how about sending that to them to improve it?
 
To 5:46 PM:

The posting means exactly what you think it means. That is, NRLA protections pertain. Of course, all posters need to take care that their posted information does not get into questionable areas with respect to classification. That has been the case to date and I'm sure will continue to be the case. Even the Los Alamos Public Affairs Office agrees with that assessment (Reference a much earlier post to that effect. Incidentally, this earlier posting by PA also confirms that the Laboratory hierarchy is on record that it knows about this blog and the NRLA-protected purposes that form the basis for its creation).
 
Make that the NLRA not NRLA in all cases.
 
What a relief! We're all protected! I guess everyone can stop posting anonymously now.
 
Oh, yes, protected. Indeed...all you'll need to do is hire a lawyer at $200-300/hour to assert your rights under the law.

Nanos is quoted as saying his lawers and paid for, and he's right.

Do you really want to protect your NLRB rights with your home equity?
 
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