National Labor Relations Board Steps in on Facebook Postings as Protected Employee Activity

Heads up employers.  Your social media policy restricting what an employee can post about your company - or if you require approval of those postings -  may bring the NRLB to your doorstep.

The NLRB has filed a complaint against American Medical Response of Connecticut for terminating an employee who posted negative comments about her supervisor on her personal Facebook page from her home computer. Co-workers responded to her remarks with supportive comments.

The NRLB action asserts that the termination - as well as the company's social media policy is illegal under Section 7 of the National Labor Relations Act.

According to the NRLB's Office of Public Affairs:

"An NLRB investigation found that the employee’s Facebook postings constituted protected concerted activity, and that the company’s blogging and internet posting policy contained unlawful provisions, including one that prohibited employees from making disparaging remarks when discussing the company or supervisors and another that prohibited employees from depicting the company in any way over the internet without company permission. Such provisions constitute interference with employees in the exercise of their right to engage in protected concerted activity."

 
This is not a final decision.  An NLRB administrative hearing is scheduled for Jan 25, 2011.

A posting on the NRLB's own Facebook page summarizes its tests for protected activity:

Statements by Lafe Solomon, the board's acting general counsel, assert conversations on Facebook are equivalent to the office water cooler and employees have the same rights in either place to discuss working conditions. 

Employment attorneys suggest that this action may signal a new focus on social media for the agency and its intent to investigate employer policies on workplace issues surrounding social media activities.

So, review your social media policies to ensure that any restrictions on communications about the company are limited to things that you can legitimately restrict, such as violations of harassment policies, or disclosure of confidential information. The key to not running afoul of the NRLB at present is to ensure your social media policy restrictions are not so broad that they prohibit all employee discussion of the company on employee social media pages.

NRLB Press Release (PDF)

NRLB on Twitter

NRLB on Facebook