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Are you curious about how the NLRB has been handling
cases that involve allegations of employees disciplined or terminated for
social media activities, or allegations of overly broad social media policies
that could infringe on employees rights to engage in protected concerted
activities? The NLRB hears your prayers.
I just received the following email from the NLRB:
Acting General Counsel releases report on
social media cases
The National Labor Relations Board's Acting General
Counsel today released a report detailing the outcome of investigations into
14 cases [pdf] involving the use of social media and employers' social and
general media policies. In releasing the document, Acting General Counsel Lafe
Solomon said, "I hope that this report will be of assistance to practitioners
and human resource professionals."
Each case was submitted by regional offices to the NLRB's
Division of Advice in Washington, DC. In four cases involving employees' use of
Facebook, the Division found that the employees were engaged in "protected
concerted activity" because they were discussing terms and conditions of
employment with fellow employees. In five other cases involving Facebook or
Twitter posts, the Division found that the activity was not protected....
In five cases, some provisions of employers' social media
policies were found to be unlawfully overly-broad. A final case involved an
employer's lawful policy restricting its employees' contact with the media.
Regardless of what you think about the NLRB's policy
positions, it is refreshing to see the agency taking such a proactive approach
to informing the public on an ever-evolving, important, and confounding issue.
Kudos to the NLRB (words I may never again write).
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