The NLRB’s New Social Media Guide: What Employers Can (and Can’t) Do
by Eric B. Meyer 美国劳资关系委员会近期作出了关于社交网络媒介的行为规范指导，而本文特地就其中雇主的权利与义务进行了总结，相信会对您有所帮助。
On Friday night, I read the just-released National Labor Relations Board s Acting General Counsel report on social media investigations. In fact, I read it twice cover-to-cover. (No, I won t be winning the Coolest Person In America Award this year). Dorkiness aside, I was able to distill the report down to the points that employers will need to know if they hope to avoid federal scrutiny. The report details the outcome of investigations into
14 social-media cases. You can read the NLRB s press release here. You will find the report here. The report focuses on two areas: 1.Employer conduct that would be viewed as interfering with protected concerted activity (i.e. behavior covered under Section 7 of the National Labor Relations Act (the Act ). 2.Where an employer acts to interfere with, restrain, or coerce employees in the exercise of their Section 7 rights, which include the right to self-organize, form, join, or assist unions. This is covered under Section 8(a)(1) of the Act. Remember, it does not matter whether or not the workplace is unionized. The Act covers most private-sector employees. What employers can and can t do Section 7 of the Act does not preclude employers from disciplining employees for inappropriate online behavior, when there is no protected concerted activity (i.e., no other employees are involved and the online comments do not reference terms and conditions of employment). That said, there are a lot of ways for employers to get themselves into trouble: 1.Except in very limited circumstances, you can t discipline employees who discuss workplace responsibilities and performance together online even if the online conversation includes swearing, sarcasm or insults. 2.You can t discipline any employee who seeks input online from a co-worker about a dispute at work. 3.You can t discipline an employee for clicking the Like button on Facebook. 4.You can t discipline an employee who continues the course of concerted activity that began in the workplace by vocalizing the sentiments of his co-workers online. Overly broad social-media policies are also likely to draw NLRB scrutiny for violating Section 8(a)(1) of the Act. 5.You can t generally prohibit employees from discussing the company, its employees or competitors (even if the comments are disparaging). 6.You can t prohibit employees from posting pictures of themselves online, which depict the employer in any way. 7.You can t prohibit employees from using social media in a way that may violate, compromise, or disregard the rights and reasonable expectations as to privacy or confidentiality of that person. 8.You can t have a rule generally prohibiting offensive conduct, harassment, defamation, inappropriate discussions, rude and discourteous behavior, or other embarassing posts. 9.You can t blanketly prohibit employees from using the Employer s logos or photographs. 10.Don t scrap that social media policy This is still a developing area. The NLRB s position on social media has not been tested in the courts. And there is nothing in the GC report which precludes an employer from having a social media policy. It just can t be broad. Something that is more carefully tailored to serve a legitimate business interest which, at the same time, is not intended to chill the right to organize should work. Another option is a catchall provision. Although I have yet to see this tested, I imagine it could solve the problem; something like, Notwithstanding the foregoing, nothing in this policy shall be construed to limit, in any way, your rights under any applicable federal, state or local laws. Or go one step further and reference rights under the National Labor Relations Act specifically. But before you do anything, consult an attorney. Each situation has its own unique facts and none of this is intended to be legal advice. 管理新知 您可能感兴趣的文章 When Great Candidates Become Terrible Leaders 2012-07-05 HR微语—HR管理沟通三个60秒 2013-08-01 HR微语—留住新员工必须做好的五件事 2013-07-16 最近文章 TEST 2018年01月15日 嫖娼被抓不属无故旷工，公司解雇赔4万！（法院判决） 2018年01月15日 如何判断你是否具有HRBP胜任力？
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