National Labor Relations Board Upholds Worker?s Rights, Even on Facebook

Facebook and other social media websites are pushing talk around the office water cooler into a whole new space. But can employers take action when employee conversations about work move online?

According to a National Labor Relations Board ruling — the answer is no.

The case involved Dawnmarie Souza, an employee with American Medical Response, an ambulance service company.  After her request for union representation was denied, she vented her frustration with colleagues on Facebook.  Souza was then fired for her online statements, based on a company policy that "prohibits workers from making negative comments about their boss, coworkers, and company."

The use of such "overly-broad" language in company policy was challenged by the NLRB, which recognized Souza's right to talk freely about her work conditions, whether that discussion took place in the office break room or online.

According to the NLRB ruling:

"Employees may discuss the terms and conditions of their employment with co-workers and others," while employers like American Medical Response will need to "ensure they do not improperly restrict employees for discussing their wages, hours, and working conditions with co-workers and others outside of the workplace."

This ruling should prompt employers across the country to revise overly-restrictive communications policies, making social networking rules and workers' rights clearer to employees.

"In a related case, CWA has filed a unfair labor practice charge with the NLRB against T-Mobile over the company's restrictive and overly broad policies against employees' freedom to discuss workplace issues on social networking sites. "The policy forbids employees from discussing any workplace controversies," District 1 staff attorney Gay Semel said. "Under such a policy, T-Mobile would bar workers from even commenting on the unfair labor practice complaint that we have filed on their behalf."

Semel said that workers' ability to discuss work-related issues on Facebook should not be treated differently under the law. "Concerted activity is permitted and should be protected wherever workers talk about the terms and conditions of their work that concern them," she said.

NLRB OKs worker's Facebook gripes (Politico)