NLRB Releases Report on Social Media Cases

The National Labor Relations Board released a report last week that lists the outcomes of investigations into 14 cases involving the use of social media and employers’ social and general media policies, with the goal of helping practitioners in their development of social media policies.

Outcomes included:

  • Four cases involving employees’ use of Facebook where the NLRB found that employees were engaged in “protected concerted activity” because they were discussing terms and conditions of employment with fellow employees.
  • Five other cases involving Facebook or Twitter posts where the NLRB found that the employee activity was not protected.
  • One case where the NLRB determined that a union engaged in unlawful coercive conduct when it videotaped interviews with employees at a non-union jobsite about their immigration status and posted an edited version on YouTube and the Local Union’s Facebook page.
  • Five cases wherein some provisions of employer’s social media policies was found to be unlawfully overly-broad.
  • One case wherein an employer’s lawful policy restricted its employees’ contact with the media.

I plan to provide actionable details for folks developing policies in the next few days.

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