The past couple of years have seen a lot of NLRB action when it comes to looking at employers’ policies through the lens of the NLRA, which applies to all employers, regardless of whether they are unionized or not. If you’ve been paying attention, you know there’s been a lot of confusion as of late as to the status of the NLRB and its decisions, given the pending Noel Canning case before the United States Supreme Court, addressing whether President Obama’s recess appointments to the NLRB pass constitutional muster. Depending on how the Court resolves the case, many recent Board decisions could be invalidated.
So in plain English, what does this mean for employers? Pay close attention. The NLRB is indicating it intends to remain an active force in non-union workplaces around the country, especially when it comes to social media. Chairman Mark Pierce and Board member Philip Miscimarra recently made public statements to the effect that the Board will continue to place emphasis in this area. Chairman Pierce also indicated new social media standards could be forthcoming soon.
For now, employers should review their social media policies (and really all policies that could arguably impact the rights of employees to engage in “protected concerted activity”). Talk to HR and counsel, and keep your heads up.