Expanding NLRA Protection of Employee Organizational Blogs: Non-Discriminatory Access and the Forum-Based Disloyalty Exception

As they fight for better working conditions both in the union and non-union context, employees increasingly use online web logs or blogs to better organize themselves. For organizational purposes, these blogs present numerous advantages over more traditional speech forms. This article adds to the growing voices calling for explicit protection of employee blogs under Section 7 of the National Labor Relations Act ( NLRA ), which protects concerted employee action taken for mutual aid and protection from employer retaliation, provided that such blogs otherwise comply with NLRA requirements. Furthermore, by analogizing to past NLRA jurisprudence concerning traditional organizational speech, this article argues that a non-discriminatory access rule should govern employee internet use; for example, if an employer allows employees to use the internet on their lunch breaks for non-work related reasons, that employer must also allow employees to access their organizational blogs. However, the NLRB has fashioned an important exception to NLRA protection that allows employers to punish otherwise-protected speech because it is openly disloyal. In order to properly protect employee organizational blogging, this article next discusses the uneven and subjective manner in which courts have applied this disloyalty exception to traditional organizational speech, and what impact this uneven application might have on blogs specifically. The article then isolates different factors courts consider when applying the exception, attempts to logically categorize traditional organizational speech into different forum categories (public, employee-sponsored, and employer-sponsored), and considers what differences or patterns in the exception\u27s application, if any, may be found when employee speech occurs in different fora. The article concludes by suggesting a means for courts and the NLRB to more equitably apply the disloyalty exception and ensure proper protection for employee blogs. Since blogs quite easily lend themselves to the forum categorizations described above, courts should first consider what forum category the organizational speech appears in; courts should then apply the exception\u27s factors with varying strength depending on that categorization

Oxford and Cambridge Boat Race: Performance, Pacing and Tactics Between 1890 and 2014

Background: Currently no studies have examined the historical performances of Oxford and Cambridge Boat Race crews in the context of performance, pacing and tactics which is surprising as the event has routinely taken place annually for over 150 years on the same course. Objectives: The purpose of this study was twofold, to firstly examine the historical development of performances and physical characteristics of crews over 124 years of the Oxford and Cambridge Boat Race between 1890 and 2014 and secondly to investigate the pacing and tactics employed by crews over that period. Methods: Linear regression modelling was applied to investigate the development of performance and body size for crews of eight male individuals over time from Boat Race archive data. Performance change over time was further assessed in 10-year clusters while four intra-race checkpoints were used to examine pacing and tactics. Results: Significant correlations were observed between performance and time (1890–2014) for both Oxford (r = −0.67; p < 0.01) and Cambridge (r = −0.64; p < 0.01). There was no difference in mean performance times for Oxford (1170 ± 88 s) and Cambridge (1168 ± 89.8 s) during 1890–2014. Crew performance times improved over time with significant gains from baseline achieved in the 1950s (Cambridge) and the 1960s (Oxford), which coincided with significant change in the physicality of the competing crews (p < 0.01). There was no tactical advantage from commencing on either the Surrey or Middlesex station beyond chance alone; however, all crews (n = 228) adopted a fast-start strategy, with 81 % of victories achieved by the crew leading the race at the first intra-race checkpoint (24 % of total distance). Crews leading the race at the final checkpoint (83 % of total distance; 1143 m) achieved victory on 94 % of occasions. Conclusion: Performances and physical characteristics of the crews have changed markedly since 1890, with faster heavier crews now common. Tactically, gaining the early lead position with a fast-start strategy seems particularly meaningful to success in the Boat Race throughout the years, and has been of greater importance to race outcome than factors such as the starting station

Expanding NLRA Protection of Employee Organizational Blogs: Non-Discriminatory Access and the Forum-Based Disloyalty Exception

As they fight for better working conditions both in the union and non-union context, employees increasingly use online web logs or blogs to better organize themselves. For organizational purposes, these blogs present numerous advantages over more traditional speech forms. This article adds to the growing voices calling for explicit protection of employee blogs under Section 7 of the National Labor Relations Act ( NLRA ), which protects concerted employee action taken for mutual aid and protection from employer retaliation, provided that such blogs otherwise comply with NLRA requirements. Furthermore, by analogizing to past NLRA jurisprudence concerning traditional organizational speech, this article argues that a non-discriminatory access rule should govern employee internet use; for example, if an employer allows employees to use the internet on their lunch breaks for non-work related reasons, that employer must also allow employees to access their organizational blogs. However, the NLRB has fashioned an important exception to NLRA protection that allows employers to punish otherwise-protected speech because it is openly disloyal. In order to properly protect employee organizational blogging, this article next discusses the uneven and subjective manner in which courts have applied this disloyalty exception to traditional organizational speech, and what impact this uneven application might have on blogs specifically. The article then isolates different factors courts consider when applying the exception, attempts to logically categorize traditional organizational speech into different forum categories (public, employee-sponsored, and employer-sponsored), and considers what differences or patterns in the exception\u27s application, if any, may be found when employee speech occurs in different fora. The article concludes by suggesting a means for courts and the NLRB to more equitably apply the disloyalty exception and ensure proper protection for employee blogs. Since blogs quite easily lend themselves to the forum categorizations described above, courts should first consider what forum category the organizational speech appears in; courts should then apply the exception\u27s factors with varying strength depending on that categorization

Optimising activity pacing to promote a physically active lifestyle in medical settings: A narrative review informed by clinical and sports pacing research

Regular exercise can improve wellbeing, yet data are scarce on how persons with disabling conditions may benefit from active lifestyles, due to the complexities of exercise prescription in this population. A novel medical concept for exercise prescription called activity pacing is the subject of this review, which identifies the potential for this strategy to optimally integrate existing medical and sports medicine approaches in promoting physical activity in persons with disabling conditions. Activity pacing is a goal-directed behavioural process of empowering people to confidently develop decision-making and planning over how and where to distribute available energy across daily activities. Currently, different conceptual traditions and definitions of pacing exist with important implications for the implementation and subsequent effectiveness of activity pacing. Application of activity pacing has mostly focused on symptom-reduction to improve self-regulatory behaviour, and less on physical activity stimulation for health and wellbeing. Further studies and greater connection between medical and sports science research are needed on how to adapt, tailor and optimise activity pacing to make it successful. The potential of activity pacing to increase physical activity and lessen fatigue could be a powerful tool to help fight the growing incidence of physical inactivity, particularly in persons with disabling conditions

Impact of active and passive social facilitation on self paced endurance and sprint exercise: encouragement augments performance and motivation to exercise

Objective The positive effect of an audience on performance is anecdotally well known, but the impact of such social facilitation to both performance and the motivation to exercise have not been thoroughly explored. The aim of this study was therefore to investigate verbal encouragement as a means to promote positive behavioural adherence to exercise and augmented performance. Methods Twelve untrained but active individuals (seven female), age 24±3 years participated in this study. Exercise conditions with external verbal encouragement (EVE) and without external verbal encouragement (WEVE) were compared in both endurance (20 min) and sprint (2 × 30 s Wingate) cycling tasks in a randomised crossover design. Results were analysed by separate 2 (EVE/WEVE) × 2 (sprint/endurance) within-subjects analyses of variance for each dependent variable. Statistical significance was set at p≤0.05. Results EVE resulted in a significant increase, F (1,11)=15.37, p=0.002, η p 2=0.58 in the average power generated by participants in each exercise bout on the cycle ergometer. EVE also had a significant effect on reported motivation to exercise the next day, F (1,11)=5.5, p=0.04, η p 2 =0.33, which did not differ between type of exercise. Conclusion External encouragement in both sprint and endurance activities resulted in large improvements in performance and motivation to continue an exercise regimen the next day, which has important implications for health, adherence and maximising physical performance using a practical intervention

Improved 1000-m running performance and pacing strategy with caffeine and placebo effect: a balanced placebo design study

Purpose: To investigate the placebo effect of caffeine on pacing strategy and performance over 1000-m running time-trials using a balanced placebo design. Methods: Eleven well-trained male middle-distance athletes performed seven 1000-m time-trials (one familiarisation, two baseline and four experimental). Experimental trials consisted of the administration of four treatments: informed caffeine/received caffeine (CC), informed caffeine/received placebo (CP), informed placebo/received caffeine (PC), and informed placebo/received placebo (PP). Treatments were randomized. Split times were recorded at 200-, 400-, 600-, 800- and 1000-m and peak heart rate (HRpeak) and rating of perceived exertion (RPE) were recorded at the completion of the trial. Results: Relative to baseline, participants ran faster during CC (d = 0.42) and CP (d = 0.43). These changes were associated with an increased pace during the first half of the trial. No differences were shown in pacing or performance between baseline and the PC (d = 0.21) and open administration of placebo (d = 0.10). No differences were reported between treatments for HRpeak (η2 = 0.084) and RPE (η2 = 0.009). Conclusions: Our results indicate that the effect of believing to have ingested caffeine improved performance to the same magnitude as actually receiving caffeine. These improvements were associated with an increase in pace during the first half of the time-trial

Effects of experience and opponents on pacing behavior and 2-km cycling performance of novice youths

Purpose: To study the pacing behavior and performance of novice youth exercisers in a controlled laboratory setting. Method: Ten healthy participants (seven male, three female, 15.8 ± 1.0 years) completed four, 2-km trials on a Velotron cycling ergometer. Visit 1 was a familiarization trial. Visits 2 to 4 involved the following conditions, in randomized order: no opponent (NO), a virtual opponent (starting slow and finishing fast) (OP-SLOWFAST), and a virtual opponent (starting fast and finishing slow) (OP-FASTSLOW). Repeated measurement ANOVAs (p < .05) were used to examine differences in both pacing behavior and also performance related to power output, finishing- and split times, and RPE between the four successive visits and the three conditions. Expected performance outcome was measured using a questionnaire. Results: Power output increased (F3,27 = 5.651, p = .004, η2p = .386) and finishing time decreased (F3,27 = 9.972, p .05). Conclusion: Performance was improved by an increase in experience after one visit, parallel with the ability to anticipate future workload

Professionals' perceptions of factors affecting implementation and continuation of a physical activity promotion programme in rehabilitation: A qualitative study

Objective: To describe professionals’ perceptions of factors that facilitate or hamper the implementation and continuation of a physical activity promotion programme in rehabilitation. Design: This study used a qualitative design. Methods: Semi-structured interviews (n = 22) were conducted with rehabilitation professionals (n = 28) involved in the implementation of a physical activity promotion programme. Two additional interviews were conducted with the programme coordinators (n = 2). The study involved 18 rehabilitation organizations implementing the programme that targets people with disabilities or chronic diseases. Organizations were supported in the implementation process by the programme coordinators. Results: Commonly perceived facilitating factors were: involvement of committed and enthusiastic professionals; agreement with their organizations’ vision/wishes; the perceived additional value of the programme; and opportunities to share knowledge and experience with professionals from other organizations. Commonly perceived hampering factors were: uncertainty about continuing the programme; limited flexibility; and lack of support from physicians and therapists to implement the programme. Conclusion: Professionals perceived a heterogeneous set of factors that facilitate and/or hamper the implementation and continuation of a physical activity promotion programme in rehabilitation. Based on these findings, recommendations were formulated to enhance embedding of physical activity promotion during and after rehabilitation

The role of the social environment in inclusive sports participation—Identifying similarities and challenges in athletes with and without Intellectual Disabilities through coaches’ eyes: A qualitative inquiry

Despite the efforts of mainstreaming in sports, inclusive participation of people with Intellectual Disabilities (ID) in sports remains challenging. In sports settings, the social environment may influence the motivation of athletes and promote (or restrict) inclusive sports participation of athletes with ID. Thus, this study aims to explore the motivations of athletes and coaches and to investigate the role of the social environment in sports participation of athletes with and without ID. Coaches who coach athletes with ID (n = 11), athletes without ID (n = 13) and both groups (n = 2) were involved in semi-structured interviews. From the inductive thematic analysis three themes were identified for the sports motivations of athletes with ID (Sport-related Progression, Social Interaction, Positive Emotions), two for their coaches’ motivations (Help others, Personal and Professional Development) and four for coaching practices toward athletes with ID (Psychological and Life skills development, Building Meaningful Relationships, Behaviour adaptations and Participation-focused). Moreover, ‘Teammates and Opponents’ and ‘Family’ were classified as social agents that influence the sport participation of athletes with ID. Coaches of athletes without ID reported additional themes about their athletes’ motivations (Health-related Reasons), their coaching motivations (Career aspirations) and their coaching practices towards athletes without ID (Performance-focused). The motivations of athletes and the practices of coaches could promote sports participation of athletes with ID, but more work is needed to address athletes’ sports motivations and overcome the able-ist attitudes and the social oppression that may make their inclusion in sports more challenging. These sports participation barriers and facilitators could provide direction to stakeholders for developing inclusive sports pathways to people with ID