Archives for November 2012

NLRB Issues Model “Social Media Policy”

The National Labor Relations Board (NLRB) has aggressively pursued unfair labor practice charges against employers that have issued social media policies that the NLRB contends infringe on employees' right to engage in concerted, protected activity.  This flurry of charges has created confusion and concern in the employer community as to the extent of control they can exercise over their employees' use/abuse of social media in a way that is harmful to the employer or its employees.  In an effort to assist employers strike the right balance between prohibiting illegal or harmful activities and protecting the employees' NLRA rights, the NLRB has issued a model "Social Media Policy" (see attachment).  While this model policy may not go as far as employers would like, it does set certain expectations of employee professionalism in using social media that employers should find useful.  And, because this policy has been "blessed" by the NLRB, an employer who adopts it will not be vulnerable to an NLRA charge. 

NLRB Model Social Media Policy