NLRB Issues Report Presenting Recent Case Developments Arising In The Context Of Social Media

On August 18, 2011, Lafe E. Solomon, the Acting General Counsel of the National Labor Relations Board issued a periodic report of cases the General Counsel’s office considers as having raised significant legal or policy issues. In this particular report, Mr. Solomon presented recent case developments arising in the context of social media including the protected and/or concerted nature of employees’ Facebook and Twitter postings, the coercive impact of a union’s Facebook and YouTube postings, and the lawfulness of employers’ social media policies and rules including policies restricting employee contacts with the media. The provisions of the National Labor Relations Act (“NLRA” or the “Act”) discussed here apply to all employees – both union and nonunion. All of the cases discussed in the report were decided upon a request for advice from a Regional Director of the NLRB.

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