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By H. Andrew Matzkin and Tyrone P. Thomas

On-line postings of employees related to the workplace are of obvious interest to employers. However, there are risks to employers who discipline employees for posting statements relating to the conditions of their workplace. An administrative law judge recently held that a New York nonprofit organization unlawfully terminated five employees for Facebook comments regarding their work conditions. As a result, all employers should review their social media policies and analyze the manner in which they conduct investigations of statements published on social networking sites.

The matter before Administrative Law Judge Arthur Amchan of the National Labor Relations Board (“NLRB”) arose from statements of five employees of Hispanics United of Buffalo, an entity providing social services to low-income clients. One of the organization’s employees posted allegations to her Facebook page about the failure of co-workers to adequately serve Hispanic United’s clients. Predictably, this post generated responses from other employees defending their performance and critical of working conditions, including staffing and workload. Hispanic United terminated the employment of five employees who participated in the discussion on the basis that their comments constituted harassment of the employee first mentioned in the posting.

In a ruling that sets new precedent for the NLRB, Judge Amchan found the Facebook discussion to be protected concerted activity under Section 7 of the National Labor Relations Act because it involved communications among employees about their terms and conditions of employment. Specifically, the communications addressed the issues of job performance and staffing levels. Judge Amchan also found the employees had not engaged in conduct which would forfeit the protections of the Act, ordered the reinstatement of the five employees, and awarded back pay to the terminated employees.

Other employers have similarly faced adverse decisions involving statements on social media. A Connecticut employer was unsuccessful last year in defending an allegation of unfair labor practice which involved, among other things, an employee calling their supervisor a “scumbag” and derogatory term for male genitalia. The NLRB found a violation of Section 8(a) as the basis of the employee’s complaint regarding his supervisor was being denied union representation in connection with drafting an incident report. It should be noted that employees can lose protection under the National Labor Relations Act if they engage in outrageously disgraceful conduct during the course of the protected activity, but the NLRB did not find the employee’s conduct to rise to this level.

As all employers are increasingly faced with the issue of managing statements made by employees in public forums and specifically, social networks, the Hispanics United decision is noteworthy. Employers should also be aware that the National Labor Relations Act protects both organized and non-organized employees, and, among other things, protects the rights of all employees (whether or not unionized) to discuss and engage in other concerted activity relating to their working conditions. Indeed, the Hispanics United ruling serves as a notice to all employers that this will be a growing and continuing concern.

Employers should consult with their legal advisor on the content and application of their social media policies for compliance with federal and state labor laws. In addition, employers should exercise care before investigating or disciplining employees for comments published on social networking sites.

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  ford | Washington www.mintz.com

CANDIDATE LA1   Managing Director – Head of North American Operations
· Manage all North American Operations for 2 U.S. subsidiaries,  including the US Broker Dealer, OTC Derivatives and Securities, Listed Option Agency Desk, Fund Derivatives, Treasury, Collateral Management and Corporate Actions with a peak employee headcount of over 800
· Lead activities, with an Operations staff of 32, including: SWIFT, Payment processing, DTCC, Fed-wire, International and OTC settlements, Reconciliations, Balance Sheet substantiation, Treasury, Securities Lending, OCC Clearance, Regulatory Reporting, and all IT development for operational activities and business lines
· Liaise with the Front Office business management and various infrastructure departments, including Legal, Risk, Compliance, Finance and Technology, to analyze and assess any Operational Risks, and implement the appropriate controls, policies and procedures
· Spearheaded the operational aspects of the strategic planning and due diligence for three corporate acquisitions, and led the integration of the operational processes
Bachelor of Business Administration in Accounting,
Securities registrations: Series 7

Candidate DM1 VP LENDING MANAGER RESIDENTIAL

• · Manage daily lending activities. Monthly funding volume of 16 million & monthly application volume of $21 million
  · Execute business plan & manage a team of 15 Loan Officers.
  · Communicate with key processing & underwriting personnel at all levels on credit decisions.
  · Direct the corporate business plan & strategy to enhance the reputation of the bank.
  · Coordinate mutual targets and goals to develop cross-functional sales opportunities.
• · MBA Finance/Economics · Formal Credit Training

Candidate DM2 Commercial Credit Department Manager

Manage and train a team to review and analyze updated financial information on all active accounts within a specified time frame.

Manage and oversee the tracking, preparation of formal requests, and the collection of financial information on all active borrowers and guarantors . Serve as Secretary of the Credit Policy Committee for companywide meetings.

Candidate FD 1  Branch Manager/VP
Lead branch operations, develop/cultivate relationships, grow deposit base, ensure compliance, and drive revenue growth. Successfully managed a $225M office and directed all core operating and business functions; 20+ direct reports. Personally managed key account relationships Developed and cultivated relationships with high-net-worth individuals, financial intermediaries, and commercial clients to drive business and long-term revenue growth; grew revenue by 10%+ from 2007 to 2010 and consistently achieved top-tier revenue production performance throughout tenure.
Life Insurance Agent, State of New York

Candidate FD2
Financial Services Professional: Credit/Investment Management
· Experience in credit/debt transactions, equity and fixed income investments. Completion of Credit Training Program. Regional emphasis: Emerging Markets (Latin America). Extensive experience in issues regarding sovereign risk, cross-border transactions.
· Analysis across a broad range of financial products (corporate finance, project / structured finance, sovereign credits, capital markets, trade finance, asset-backed paper), and across various industries.
· Strong international background: residence in Asia (2008-2010); travel throughout Latin America; fluent in Spanish; knowledge of Portuguese; basic knowledge of Mandarin (oral, written).
· Strong analytical skills, coupled with strong writing and verbal communication skills.
Credit Training Program
– MBA
Candidate FD 3 Assistant Auditor
Conduct internal audits of the NY State-chartered commercial bank:
· Obtained understanding of established controls in business activities and operational processes.
· Executed, and updated audit program for audit scope and testing sample sizes.
· Reviewed operational processes and procedures by reviewing manuals, discussing with management in business and operations, and retrieving accounting records from computer data base.
· Tested key operating controls, and reviewed transaction records.
· Evaluated results, and assessed risk exposures to business activities and operational processes.
· Made recommendations for correcting unsatisfactory conditions and improving operations.
Previous Experience as a Bank Examiner
Fluent in spoken and written Chinese (Mandarin/Cantonese)

Candidate HE 1
FUNDS TRANSFER/SANCTION ANALYST
Compliance/Transaction Surveillance Specialist with investigations skills, Know Your Customer KYC – Bank Secrecy Act (BSA), Anti Money Laundering (AML). Experience includes managing a wire transfer department. Process incoming and outgoing wires from customer and internal departments. Reveiew and evaluate wire transfers from OFAC queries

Candidate LA 2 PROJECT / OPERATIONS MANAGER
Banking Administration / Best Practices / Acquisitions & Integrations / Treasury / IT / Compliance

Portfolio & Risk Management / Process Improvement / Vendor Management / Training / Facilities

Leading vital projects, I deliver outstanding results, guiding teams from inception to implementation. Identifying new systems and procedures, I turn mergers, acquisitions and facility relocations into seamless endeavors. I positively impact operational capabilities, productivity, and drive success for consumer service organizations.
Consolidating and unifying operational systems during mergers and acquisitions
Initiating process improvements to enhance productivity and save time
Directing the relocation of domestic and international business units

Negotiating cost-saving contracts with diverse vendors and business partners

Organizing and leading new system seminars and training

-Please note that this is a partial listing. This is a sampling of the candidates we are currently working with. To discuss any other  FULL TIME OR TEMPORARY recruitment needs, please contact Len Adams for a confidential discussion at 212-566-7600 X1 or email lenadams@acgresources.com or any of our team members   Franca Diona, Heather Eidlen, Matt Eidlen, Ira Sandler, Dan McNichol