Labor Dispute Grows Out of Social Media

As the growth of social media continues to transform how we communicate and interact, there are increasing legal difficulties determining acceptable practices in the workplace. In 2009 the Division of Advice addressed a potential case regarding a Sears’s policy banning disparaging comments about the executive leadership, employees or the corporate strategy. The board decided that this was not a violation of Section 7 of the Labor Relations Act. They said that while the ban, if thought about in isolation might hinder workers’ rights, it is given in enough context that it is not a violation of the Act. However, the future is unclear because the composition of the Labor Relations Board has since changed and the new members are likely to take a different stance. So employers must be careful in the policies they implement until the Board to outline the rules after a new case is brought to them regarding social media.

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