NLRB Issues Report on Social Media in the Workplace
For Unionized And Non-unionized Employers

On August 18, the Acting General Counsel for the National Labor Relations Board issued a report summarizing several social media cases handled by the Board in the past year.  The report presents recent case developments arising in the context of today’s social media. Social media include various online technology tools that enable people to communicate easily via the internet to share information and resources.These tools can encompass text, audio, video, images, podcasts, and other multimedia communications.

Recent developments in the Office of the General Counsel have presented emerging issues concerning the protected and/or concerted nature of employees’ Facebook and Twitter postings, the coercive impact of a union’s Facebook and YouTube postings, and the lawfulness of employers’ social media policies and rules. This report discusses these cases, as well as a recent case involving an employer’s policy restricting employee contacts with the media. All of these cases were decided upon a request for advice from a Regional Director.