The National Labor Relations Act was enacted in 1935 to protect trade unionists from unfair labor practices by employers, and afford employees a greater ability to organize and collectively bargain. Social media entered the scene approximately 60 years later, when society (including the labor work force) recognized the ease and benefit of engaging in collective activity without ever leaving one’s computer keyboard.
Almost one year ago, in October 2010, those two paths collided at an intersection where the National Labor Relations Board (NLRB) stands as crossing guard to regulate employer decisions and conduct in the social media context. After nearly a year of ambiguity, the NLRB’s Office of the General Counsel offered some clarity on Aug. 18, 20111 in a memorandum summarizing recent case developments. That memorandum had a specific aim in mind:
Recent developments in the Office of the General Counsel have presented emerging issues concerning the protected and/or concerted nature of employees’ Facebook and Twitter postings, and the lawfulness of employers’ social media policies and rules. …I hope that this report will be of assistance to practitioners and human resource professionals.2
