NLRB v. Social-Media Policies, Round II

First, the NLRB filed a complaint against CT employer American Medical Response (AMR), alleging that, by disciplining an employee for violating its social-media policy, AMR had violated the National Labor Relations Act. The AMR complaint was settled and no decision was issued.

But it appears that unions will continue to prosecute employers whose social-media policies they believe are too broad. The second charge of this type was filed on February 4, 2011, against Student Transportation America, Inc., another CT employer. In this charge, filed by the Connecticut State Employees Association/SEIU, the employer is not alleged to have wrongfully disciplined an employee for violating its social-media policy. Instead, the union takes issue with the policy itself, which bans “the use of electronic communication and/or social media in a manner that may target, offend, disparage or harm customers, passengers or employees.”

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