Employee use of social media causes labor professionals problems with increasing frequency. Facebook pages, Twitter feeds, and similar outlets seem to provide a never ending stream of possible employee relations scenarios. In an effort to deal with these issues, many businesses have adopted policies governing employee use of these internet resources. In addition to addressing the employee relations issues, employer’s see these policies as a way to protect their reputation and/or brand.
As employers grapple with these issues, however, courts and agencies do as well. The NLRB is no different. A good example was made public last night from the NLRB regional office in Hartford, Connecticut. The regional offices are responsible for prosecuting alleged violations of the NLRA. The Hartford office announced that it has issued an unfair labor practice (ULP) complaint (pdf) — an allegation that the employer violated the NLRA — against an employer who disciplined an employee for comments on her Facebook page.
The complaint alleges that a supervisor asked an employee to meet to discuss what the employee thought could lead to discipline against her. The employee requested union representation, which was denied. Later that same day, the employee posted critical comments about her supervisor on the employee’s Facebook page.
The complaint further alleges that the employer fired the employee for her comments on the Facebook page. The employer’s blogging and internet posting policy prohibited employees from making disparaging comments about the employer and supervisors. The employer’s policies also prohibited "rude or discourteous" treatment of a coworker.
It is important to note that the Hartford office’s complaint is merely that: an assertion that the employer’s conduct was unlawful. It doesn’t constitute a finding by the NLRB that the alleged conduct occurred or that it was unlawful. Nonetheless, the complaint serves as an important reminder of at least three points: