June 12, 2012

NLRB Issues Third Social Media Report

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 9:26 am by Tom Jacobson

The National Labor Relations Board (NLRB) on May 30, 2012 issued its third report addressing social media in the workplace.  Like its two previous reports, this one analyzes social media policies used by various employers, and it describes how they are lawful or unlawful under the National Labor Relations Act (NLRA).  This report covers concepts such as:

  • Use of social media and confidential information
  • “Friending” co-workers
  • Privacy, legal matters, online tone, prior permission, and resolving concerns
  • Expressing opinions
  • Bullying
  • Reporting unsolicited electronic communications
  • Unauthorized postings
  • Media and government contact

The NLRB’s third report then concludes with the text of an entire social media policy which it found to be lawful under the NLRA.  “I hope that this report, with its specific examples of various employer policies and rules, will provide additional guidance in this area,” said NLRB Acting General Counsel Lafe Solomon.  Despite Solomon’s optimism, others predict court challenges over what may be an overly restrictive view of what workplace social media policies may say (see A. Smith, NLRB Takes Sledgehammer to Social Media Policies, SHRM Legal Resources, 6/1/12).

For more information about the NLRB’s other social media reports, see my previous articles, Social Media Report #2 Issued by NLRB and Social Media Report Issued by NLRB.

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 2012 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

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