NLRB Issues Report on its Activities Related to Social Media

Topics: Employee Hiring, Discipline & Termination, Workplace Privacy

Last week, NLRB's Acting General Counsel, Lafe Solomon, issued a comprehensive report on NLRB cases involving social media over the last year. In issuing the report, Solomon stated: "As Acting General Counsel, I have endeavored to keep the labor-management community fully aware of the activities of my office. It is my hope that this openness will encourage complaince with the Act [NLRA} and cooperation with Agency personnel."

The report summarizes fourteen different NLRB matters and explains the position taken by the NLRB and the rationale for the NLRB's decision. A review of the report definitely helps the reader get a better understanding for how the NLRB will analyze Facebook and other social media postings in making the determination as to whether or not they constitute concerted activity.
We would advise any employer faced with trying to determine if an employee's social network activity would be considered protected concerted activity to review the report before making their determination (or consult an attorney who has read the report). You can obtain a copy of the report online here.