NLRB Has a Tiger By The Tail: Social Media and Employee Rights
There's an important case that is being heard by the National Labor Relations Board (NLRB) that has some major implications for work-related social media policies. In fact it has the potential to rewrite the boundaries that many organizations have written with regard to social media.
The case involves an EMT for American Medical Response (AMR) who was terminated at least in part because she criticized her bosses on Facebook. The case raises concerns over just how much control an employer may exercise over an employee's use of social media. In particular, can an employer restrict an employee from representing themselves online as being affiliated with the organization?
Many attorneys have recommended that organizations prohibit employees from mentioning their affiliation with the organization online, or releasing work related information. The purpose of such a policy is to draw a distinct line – a "bright line" – to avoid the inevitable problems associated with trying to regulate the appropriateness of comments made or information provided on a case by case basis. It also minimizes the risk that an employee's social media activities will be confused with the organization's activities.
Should a firefighter be free to to create a web site that could be mistaken for the official fire department web site? How about a Facebook page that appears to be the official organization page, complete with FD logos, patches, photos, etc.? If the NLRB says an employer cannot restrict an employee from identifying themselves as being affiliated with an organization – where will the line be drawn?
Thanks to your site, our department is in the process of developing a “Social Media” policy. We are a combination department and many of our members, especially volunteer members are proud of their service and it is evident on thier respective Facebook sites.
Our policy is only in the draft phase and will not be forwarded to our legal counsel until the draft is complete. Do you have any recomendations or examples of good fd social networking policies that we would be able to use as a guide or for ideas that we may have missed? It is such a braod spectrum these days, and we are also wondering where that line between personal and private is drawn.
Thanks,
Ryan
Cases like this NLRB ruling show why it is important to get solid legal advice on these policies. Many attorneys do not follow these issues closely enough – so be sure to consult with someone who has some degree of competence/expertice on this subject.
Right now I am recommending a policy that prohibits members from using their title, rank or FD affiliation in any social media context (Facebook, MySpace, Twitter, etc). The purpose behind this is two fold: First – to establish a bright line so there is no confusion about what is appropriate and what is not. So long as you do not identify yourself as a member of the FD, content-based concerns are less of an issue.
Second – to avoid a situation where someone may unwittingly become a “spokesperson” for the FD because of something they say on line.
Reasonable restrictions should also be imposed, such as prohibiting sexually explicit or pornographic/obscene images and language, illegal activities, etc.
I also recommend a companion digital imagery policy that works in unison with the social media policy to restrict the taking, use and uploading of work-related imagery.
Several other policies may also touch on social media issues – including the FD’s hazing policy (cyber-hazing can be prohibited in either policy), secret recordings/privacy policy (to address spy cams, secret audio recordings, etc.), and FD computer use policy (on duty social media use).
Be careful about merely adopting another FD’s social media policy. This area has several potential landmines. Pay attention to the NLRB decision. It may change my recommendations.
Good luck!!