NLRB Issues Third Report Concerning Social Media

On May 30, 2012, the National Labor Relations Board (NLRB or the Board) Acting General Counsel issued a press release announcing publication of its report on social media, in which it examined seven cases involving policies governing the use of social media by employees. For information pertaining to the earlier two reports, click here.

Summarizing its approach to analyzing employer-issued social media policies, the NLRB stated that an employer violates the National Labor Relations Act (NLRA or the Act) through maintenance of a policy that would "reasonably tend to chill employees" in their exercise of rights under the Act, whether or not the employer's workforce is unionized.  Using a two-step inquiry to determine whether the policy would have such an effect, the Board first looks at whether the policy explicitly restricts protected activities.  If it does not, the policy is then reviewed to determine whether: