Tuesday, February 8, 2011

Another Facebook, Social Media Labor Case on the Rise?

Yesterday the National Labor Relations Board ("NLRB") announced that it had reached a settlement on the eve of trial with a Connecticut employer who terminated an employee after she posted some comments about her employer on Facebook. The settlement meant the end of the case before any case law could be developed/created by the Board but it appears another case involving social media and the National Labor Relations Act ("NLRA") is on the rise.

On February 4, the CSEA/SEIU filed an unfair labor practice charge against another Connecticut employer. However, this charge only alleges that the employer violated Section 8(a)(1) of the NLRA merely by "maintaining" policies in its employee handbook, including a policy against:
The use of electronic communication and/or social media in a manner that might target, offend, disparage, or harm customers, passengers or employees; or in a manner that might violate any other company policy.
Maybe the NLRB will get a crack at it this time.

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