Council 65 - Minnesota, South Dakota and North Dakota

Issues

Social Media and Private Sector Labor Law

For those in the private sector, here are a couple of links to demonstrate the pattern of decisions relating to social media and labor law in the private sector under the National Labor Relations Act of 1935, covering both union and non-union employees.  (Public employees are governed by MN PELRA.)

There are definitely pros and cons for labor organizations to rely on social media for communications, but more importantly there is a significant difference in the protections afforded under the NLRA whether the employee’s posts are protected concerted activity or merely an individual gripe that carries no protection.

If your Local operates a blog, Facebook Page, Twitter Feed, YouTube Account or other form of social media, please be aware of your protections and pitfalls. 

Included in the following links, you will find a few cases addressing employer policies regarding social media where the policies were deemed unlawful due to being overbroad, restricting employee rights to engage in protected concerted activity, and unilateral implementation of social media policy without bargaining effects with the union.  If your employer has a social media policy that you believe interferes with your rights, please discuss this with your local Staff Representative.

From the NLRB:
https://www.nlrb.gov/news/acting-general-counsel-releases-report-social-media-cases

From the U.S. Chamber of Commerce (surprisingly unbiased):
http://www.uschamber.com/reports/survey-social-media-issues-nlrb

 

 


 

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