NLRB releases guidance on work issues posted on social media

Since social networking caught on with a cyber-vengeance, some employees have been using Facebook, YouTube and other forms of Internet communications to voice complaints about their workplace issues.

This high-tech form of expressing dissatisfaction can be a virtual thorn in the side of employers who legitimately are interested in protecting their companies’ reputations, employees and products. However, there’s a precarious balance between the rights and interests of a company to manage and guard their reputations, with employee rights to engage in protected activity under the National Labor Relations Act. Discussions about work on social networking sites is one of those issues.

To clarify its position on workplace social networking, the National Labor Relations Board released a report Aug. 19 that summarizes the outcome of investigations conducted by the board, involving postings about workplace issues on social media sites. Although the NLRA commonly is thought of applying only to unionized companies, the act also applies to employees of employers that are non-union.

The report shows the NLRB determined in some cases that employee postings on Facebook constituted “protected concerted activity” because employees were discussing terms and conditions of employment with fellow employees. Conversely, other cases involved Facebook or Twitter posts in which the NLRB found social networking activity was not protected. The NLRB also found that in some cases, the employer’s social networking policies were unlawfully overly broad.

One insightful case the NLRB cited involved a luxury automobile dealership that fired a salesperson for commentary and photos he posted on his Facebook page that criticized a sales event hosted by his employer. The event was conducted to introduce a new car model, and customers were offered refreshments some salespeople thought were too inexpensive and sent a wrong message that would negatively effect their sales commissions.

While at home after the event, one of the disgruntled salespeople posted a series of comments and photos on his Facebook page about the event, including pictures of the refreshments and co-workers posing with the food. The employee facetiously posted he was “happy that his employer had gone all out in launching an important new car by offering small bags of chips, inexpensive cookies from a warehouse club, semi-fresh fruit and overcooked hotdogs served on stale buns.”

Upon learning of the posting from another dealer, the employer ordered the salesperson to remove the pictures and comments, and ultimately, the employee was fired for embarrassing the dealership. The NLRB disagreed, however, and asserted the employee was engaged in concerted activity permitted by the NLRA, and the posting was not so critical or “disloyal, reckless, or maliciously untrue as to cause the employee to lose NLRA protections.”

In another case, the NLRB found in favor of the employer. In this case, a bartender openly complained about his employer’s tip policy during a Facebook conversation with a relative. The bartender also complained he hadn’t had a raise in five years, called the customers “rednecks” and stated he hoped the customers would “choke on glass as they drove home drunk.”

Significantly, the bartender didn’t discuss his concerns with co-workers, but rather limited his complaints and hopes for choking drunk customers only to his relative. Similar to the salesperson in the first case, the bartender was fired for his Internet posting, but in this case, the bartender didn’t discuss the posting with his co-workers, and none of them responded to it. Therefore, although the Facebook message focused on the terms and conditions of employment, the board upheld the firing because it didn’t involve concerted activity among the bartender’s co-workers.

Reading the NLRB’s complete report gives employers insight into the mind of the NLRB and how it views postings about the workplace on social networking sites. It’s well worth a review of the entire report. A link to the report is available at www.nlrb.gov/print/1480.

Employers are becoming more aware and concerned about employees who blog about work problems. Therefore, it’s important for an employer to know when an employee crosses the line and when the employer’s reaction to a posting might result in an NLRB investigation.

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Some businesses are leveraging Foursquare

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This is the second column in a series about Foursquare.com.

Foursquare is no Facebook, at least not for users I talked to. Facebook, the world’s largest social network, boasts an estimated 750 million active users, and counting.

But don’t count Foursquare out. With more than 10 million registered users of its own since launching two years ago, Foursquare has emerged as a social networking platform worth considering. Even Facebook introduced (and is phasing out) “Facebook Places” to rival Foursquare, a location-based platform that encourages its users to “check in” at different sites they visit.

“My buddy and I always use it,” said Adam Hanlon of the South Wedge neighborhood. “It’s just something we do. It’s kind of fun.”

Facebook unveiled new privacy settings recently that include how users can share a location with every post they make. We will learn more about that in a future column. Meanwhile, I queried followers and used the newspaper and networking to find out how people are using Foursquare.

“Restaurants have been a great surprise,” said Brianna Westover. “Lots offer happy hour specials, dining discounts and free appetizers for people that check in, so it has definitely tempted me to try out places and cuisine I would normally not try.” (The 23-year-old posts at RochesterMomsLikeMe.com and lives in Orlando, Fla.)

Foursquare users can sometimes find out about deals by checking in.

Even if you don’t use Foursquare yet, it’s worth exploring adding it to your social media strategy. It might help attract more customers.

Terry Owen, vice president of sales at ITX Corp. in Bushnell’s Basin, and Nancy Geraci of Entercom Radio are partners at Scotland Yard Pub on St. Paul Street. The couple said Foursquare and social media are vital to promoting the business.

They use Facebook, Twitter, Foursquare and other social networks to create buzz about the pub — and attract customers.

“They post a picture on Facebook at 4:30 of a pizza right out of the oven,” said Scotland Yard customer Mike Ritchie of Rochester.

The restaurant is busier and sales are increasing as a result of social media efforts and promotions. And Foursquare is the cornerstone, Owen said.

Scotland Yard Pub hosted a “swarm” night a few weeks ago and attracted dozens of people to check in on the same night and receive a deal.

“It’s getting people in to visit your business,” Owen said.

“I’ll leave a tip (at another venue) that says, ‘When you’re done here, swing by for a nightcap and get 20 percent off.’ “

For more information about Foursquare for Businesses or to sign up, go to Foursquare.com/Business.

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