NLRB Continues to Broaden Ability of Employers to Regulate Social Media

Discussion of union organizing in the twenty‐first century is incomplete without reference to social media. Whereas 50 years ago organizing took place largely in parking lots, lunchrooms, and corner diners (and, to a certain extent, still does), today a great deal of organizing activity takes place virtually. Social media posts, DMs, and private virtual rooms are all places where employees can effectively communicate outside the presence of supervisors and managers. Not surprisingly, employers have tried to limit such activities, with varying degrees of legal and practical success. A recent decision from the National Labor Relations Board has made it somewhat easier for employers to manage employees' use of social media for organizing.