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Acting General Counsel releases report on social media cases

The National Labor Relations Board’s Acting General Counsel today released a report detailing the outcome of investigations into 14 cases involving the use of social media and employers’ social and general media policies. In releasing the document, Acting General Counsel Lafe Solomon said, "I hope that this report will be of assistance to practitioners and human resource professionals."

Each case was submitted by regional offices to the NLRB’s Division of Advice in Washington, DC. In four cases involving employees’ use of Facebook, the Division found that the employees were engaged in "protected concerted activity" because they were discussing terms and conditions of employment with fellow employees. In five other cases involving Facebook or Twitter posts, the Division found that the activity was not protected. 

In one case, it was determined that a union engaged in unlawful coercive conduct when it videotaped interviews with employees at a nonunion jobsite about their immigration status and posted an edited version on YouTube and the Local Union’s Facebook page. 

In five cases, some provisions of employers’ social media policies were found to be unlawfully overly-broad. A final case involved an employer’s lawful policy restricting its employees’ contact with the media.

© Copyright 2022 National Labor Relations BoardNational Law Review, Volume I, Number 231
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About this Author

The National Labor Relations Board is an independent federal agency vested with the power to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representative. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions.

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