Social Media and Your Credit Union Employees

Since the advent of social media, employers have often found themselves playing catch-up in terms of their communication and technology policies. Back in the good old days, all we had to concern ourselves with was inappropriate email use and making sure the credit union had a website, no matter how content-bare it may have been. 

Fast forward to present day, and many credit unions struggle to find a balance in several concerns surrounding social media. Do we prohibit employees from participating in social media at work? Do we allow some personal use? How do we decide the extent to which our credit union will have a social media presence, and who will be responsible to maintain it?

It turns out there may be a Big Brother out there who cares as much about your social media policies as you do: the National Labor Relations Board (NLRB). We’ve all heard about the “Facebook Firing” cases as of late, and at least some of those have applied to non-union workplaces. If you didn’t care about what the NLRB was doing before now, it’s a critical time to start. The NLRB has been paying a lot of attention to non-union employers and employees as of late.

On August 30, 2011 the NLRB issued a final rule that requires any private-sector employer covered under the National Labor Relations Act (NLRA) to post a notice to its employees of their rights under the act. If there are 20% or more employees who are primarily non-English speaking, the notice must also be posted in the preferred language. If employers post other employee notices, such as those required by the Department of Labor (DOL), on the company’s intranet or other site, the NLRB notice must be posted there as well. The notice must be posted regardless of current unionization status. By April 30th, virtually every employer will be required to add this poster to their wall of notices.

Although there is not a fine for non-compliance, your credit union could become ripe for an “unfair labor practice” charge if the notice is not posted. The failure to comply could be used as evidence in the event a case is brought against your credit union.

In spite of all the news about the new poster, you may still be surprised to learn that NLRA requirements are frequently applicable in non-union workplaces. Contact your attorney for more detailed information or guidance regarding specific situations.

What Not to Include in Your Social Media Use Policy
Recently, the NLRB has ruled against companies who included certain language in their social media policies. These statements include:

• Rules that prohibit employees from “making disparaging comments about the company through any media, including online blogs, other electronic media, or through the media.”
   
• Limits on employees’ discussion of terms and conditions of employment to discussions that are to be conducted in an “appropriate” manner, implicitly prohibiting “inappropriate” discussions.
   
• A rule that prohibited “disrespectful online conduct” and “inappropriate conversations.”

Access the required NLRA poster Learn more about the Notification of Employee Rights under the NLRA