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(Third) Report of the Acting General Counsel Concerning Social Media Cases

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Citation Edit

NLRB, Office of the General Counsel, (Third) Report of the Acting General Counsel Concerning Social Media Cases (Memorandum OM 12-59) (May 30, 2012) (full-text).

Overview Edit

The previous reports touched on the employee use of social media as it relates to the workplace, resulting in employers' drafting new and/or revising existing policies and rules to address these concerns. These policies and rules are the sole focus of this report, which discusses seven recent cases.

In the first six cases, the general counsel concluded that at least some of the provisions in the employers' policies and rules were overbroad and thus unlawful under the National Labor Relations Act. In the last case, the general counsel concluded that the entire social media policy, as revised, is lawful under the Act.

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