Q: I keep reading news items about the “NLRB” and social media policies. Since we’re not unionized, does this affect us in any way?

A: Great question … and the answer is, yes. Here is what you need to know:

• The NLRB is the National Labor Relations Board—a Federal agency created in the mid-1930’s to govern employer-union relationships.
• While the NLRB is primarily concerned with unionized employers, its mandate extends into non-union employment in one important regard. That is, the NLRB ensures that all employees—whether unionized or not—have the right to engage in “concerted activity” about the terms, conditions, and benefits of their employment.
• In plain English, this means that all employees have the legal right to discuss salaries, benefits, work policies, etc., with each other and cannot be disciplined for doing so.

What does this have to do with schools and social media? Let’s say that a teacher posts something on Facebook about how they are dissatisfied with their salary and benefits. Several of their colleagues who are Facebook friends join in the discussion. The school finds out and issues a written warning to everyone involved. According to recent NLRB rulings, the school may be in violation of Federal labor law by preventing employees from engaging in legally protected activity.

Does this mean that the school shouldn’t have a social media policy—or that it shouldn’t try to enforce its policy? We would say “no” to both. It is prudent for a school to have a social media policy for many reasons. And, if it has a policy, it should definitely enforce the policy. However, it needs to first ensure that the policy is in compliance with the law, and that it doesn’t over-reach in preventing employees from discussing topics that they have the legal right to discuss with each other. All schools are urged to review these issues with employment attorneys qualified in their state.