NLRB Mixed decisions in social media cases

BridgeTower Media Newswires//September 2, 2011//

Listen to this article

Recent investigations by the National Labor Relations Board have resulted in a mixed bag for employers and workers in cases involving the use of the social media, according to a report by the agency’s acting general counsel.

The report by Acting General Counsel Lafe Solomon details 14 recent rulings by the NLRB‘s Division of Advice involving the use of Facebook or Twitter. In four cases the division found employees were engaged in “protected concerted activity” because they were discussing terms and conditions of employment with fellow employees. However, in five other cases the Division found that the online social media activity was not protected.

In another case, the Division found that a union had engaged in unlawful coercive conduct when it posted video of interviews conducted with employees at a nonunion jobsite on YouTube and the local union’s Facebook page.

In five other cases, some provisions of employers’ social media policies were found to be unlawfully overly-broad.

Select Region or Brand

Upcoming Event