February 1, 2012

Social media report #2 issued by NLRB

Posted in Computer Use, Employee Handbooks, Facebook, National Labor Relations Act, Protected Concerted Activity, Social Media, Social Media in the Workplace, Social Networking tagged , , , at 9:07 am by Tom Jacobson

In my October 19, 2011 article, Social Media Report Issued by NLRB, I wrote about a report issued by Lafe Solomon, Acting General Counsel for the National Labor Relations Board (NLRB).  His report highlighted several cases where actions taken against employees were evaluated under the National Labor Relations Act (NLRA).  Solomon has now issued a second such memorandum.

The new report reiterates the main underpinnings of the initial report.  As summarized by the NLRB:

    • Employer policies should not be so sweeping that they prohibit the kinds of activity protected by federal labor law, such as the discussion of wages or working conditions among employees.
    • An employee’s comments on social media are generally not protected if they are mere gripes not made in relation to group activity among employees.

Because Solomon’s reports quote actual practices and/or policies which were in various cases found to be lawful or unlawful, they are good resources for any employer to review when considering social media-based disciplinary action against an employee or when implementing or revising social media policies.

What you need to know:  It’s a fine line between social media posts that are protected concerted activity under the NLRA and those that are not. Likewise, it is a fine line between social media policies that do or do not violate the NLRA. Therefore, before action is taken against an employee because of his or her social media activity, and before social media policies are implemented, the NLRA itself and the NLRB’s position on these issues must be taken into account.

For more information about this article or how to address social media issues in the workplace, please contact me at taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2011 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

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1 Comment »

  1. […] information about the NLRB’s two previous social media reports, see my previous articles, Social Media Report #2 Issued by NLRB and Social Media Report Issued by […]


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