The Indiana Publisher

May 2020 Page 12 complaining about employee turnover and mismanagement at her workplace, Maine Coast Memorial Hospital, part of the Eastern Maine Hospital Systems ("EMHS") chain. She was ,immediately called to the personnel office and presented with a letter of termination, accusing her of violating an EMHS company policy against unapproved communications with the news media: No EMHS employee may contact or release to news media information about EMHS, its member organiza- tions or their subsidiaries without the direct involvement of the EMHS Community Relations Department or of the chief operating officer respon- sible for that organization. Any employee receiving an inquiry from the media will direct that inquiry to the EMHS Commu- nity Relations Department, or Community Relations staff at that organization for appropri- ate handling. Young challenged her dismissal, and in November 2018, an NLRB hearing officer agreed that her firing was unlawful. The hospital was ordered to reinstate Young and rescind the unlawfully broad gag policy. The hospital appealed, but in its March 30 order, the NLRB unanimously agreed with the hearing officer: A policy forbidding all communication about the hospital without approval is unenforceable, and an employee cannot be disci- plined for violating it. Young's case is especially important as employees at hospitals and nursing homes affected by COVID-19 seek to share their observations with the public. Labor law generally protects workers who speak out to advocate for changes in working conditions that affect themselves and their co-work- ers, but Young's speech was found to be legally protected even though her primary focus was on the quality of patient services. In other words, speech does not lose NLRA protection just because it is motivated by concern for the well-being of the business' users, so long as the speech concerns working conditions. The bottom line is that NLRA-covered employers are breaking the law if they maintain policies forbidding employees from speaking to the media, or discipline them for doing so. As a cautionary note, the NLRB's ruling was not quite so employee-friendly as past interpretations have been. The board found that the Maine hospital chain "cured" the illegality of its gag policy by enacting a replacement policy that requires approval for some interactions with the press and public, but notifies employees that they are free to speak about their work "for the purpose of mutual aid or protection," the core of what the NLRA protects. That is a somewhat narrower view of employee-speech rights than past boards have taken. Because most workers are not labor-law experts, they won't know whether the interview they're giving will fall within the scope of NLRA protection, so any broad-based directive to get clearance before speaking to the media has been regarded as unlawfully intimidating. This is a subtle change, but for employees insecure about job security, a potentially decisive one. Now more than ever, we need to hear the uncensored voices of the workers who hold the public's welfare in their hands: The nurses monitoring ventilators, the clerks stocking grocery shelves, and the drivers delivering packages of life- sustaining medication. If the NLRB's wavering has left federal labor-law protections unclear, it's Congress' job to step in and provide clarity. Attorney Frank LoMonte is director of the Brechner Center for Freedom of Information at the University of Florida. Now more than ever, we need to hear the uncensored voices of the workers who hold the public's welfare in their hands ... Gag rules Continued from Page 8 her high school performances with flowers to cheer her on. Ella said she is excited to pursue her music interests at Anderson which has an excellent program. "With music education, I'll not only stay connected to my passion, but I'll get to share it with others, and that's very important to me," Ella wrote in her application. "I'm a show choir person, so hopefully someday I can direct someone through their passion," she said. Elle O'Bannon of Floyds Knob is the daughter of Jon and Soni O'Bannon. For 16 years, Jon has been the publisher of The Corydon Democrat and Clarion News and has been involved with the family's newspaper operation for more than 30 years. Soni has been the newspaper's chief operating officer for the last 15 years. Elle is graduating from Our Lady of Providence High School and plans to study business management/law and ethics in the Kelly School of Business at Indiana University in Bloomington. In her application, Elle said she is eyeing becoming a lawyer or judge. She has interned with Judge Maria Granger's office, Floyd County Indiana Superior Court 3, with a focus on the Veterans Court that helps veterans who have had legal issues get back on track. "I want to go where I can do the most good," Elle said. "I believe I can help the most inside the courts of this country." Elle said she has wanted to go into the law since age five. "I saw lawyers as the modern day super heroes. They put the bad guys away and helped the good guys get out of jail and get their justice," she said. The Legacy Scholarship applications are accepted in early spring each year as a way to support families of the state's newspaper workers. "Indiana newspapers do so much for their communities, the HSPA Foundation Board of Directors decided to give something back to the dedicated families that make real news happen," said Stephen Key, HSPA executive director and general counsel. Legacy Continued from Page 1 "Indiana newspapers do so much for their communities, the HSPA Foundation Board of Directors decided to give something back to the dedicated families that make real news happen." — Steve Key, HSPA executive director, general counsel

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