Meat+Poultry - January 2017 - 93

LABOR

Social media mishaps

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Most employers prefer that employees not discuss their
wages with people they know. They definitely prefer that
employees not complain about their pay on Twitter. So
when a Haverford, Pennsylvania, Chipotle employee did
exactly that, the company asked him to delete the posts.
Eventually, the company fired the worker. However,
earlier this year an administrative law judge with the
National Labor Relations Board (NLRB) ordered that the
employee be rehired and held that the company's social
media policy violated the National Labor Relations Act
(NLRA).
The situation began when a Chipotle crew member
took to Twitter to vent about his job. In January 2015,
he tweeted several times to complain about working on
snow days. The employee also used Twitter to express
his dissatisfaction about crew members' hourly pay rate of
$8.50. Soon after, a supervisor told the crew member that
the tweets violated the company's social media policy that
prohibited employees from making disparaging and false
statements about Chipotle. The employee took the posts
down, but was fired several weeks later for organizing
a petition claiming that workers weren't getting their
required breaks.
After the crew member was fired, the Pennsylvania
Workers Organizing Committee filed an unfair labor
practice charge on his behalf. The NLRB's general counsel
then filed a complaint against the company for its social
media policy and for firing the employee.
In her March ruling, Administrative Law Judge
Susan A. Flynn ruled against the company, claiming the
employee's rights to tweet were protected under the
NLRA. In recent years, the NLRB has regularly ruled that
employees have the right to complain and even insult
their employers online, as long as doing so constitutes
"protected activity." When developing policies around
how workers can talk about their workplaces on social
media, companies must be careful that they don't violate
federal laws.

NEXT STEPS
With these recent decisions by the NLRB, companies
need to be very careful when crafting their social media
policies. While companies don't want their own employees
destroying the reputation of those who sign their

paychecks, in implementing policies employers should try
to avoid running into trouble with the NLRB. To achieve
that, companies can take several steps:
x Review current social media policies - Companies
should look closely at their current social media policies in
light of recent NLRB rulings. This should be done in close
consultation with in-house counsel,
the HR department, and outside
counsel who understand the issues
at stake. Social media policies should
reflect that comments about wages,
working conditions and unions have
different protections than other types
of complaints.
x Use specific language - The
NLRB has raised red flags over many
social media policies for being too
vague. In response, companies
should try to craft policies that are
as specific as possible. For example, The NLRB has
generally banning profanity in
regularly ruled
social media posts that relate to
that employees
the company may get an employer
into trouble; but tying inappropriate
have the right
behavior on social media posts to
to complain
discriminatory or harassing behavior
and even insult
has been approved by the NLRB.
x Discipline carefully - Most
their employers
importantly, when companies
online, as long
become aware of potentially
as doing so
problematic social media posts by
employees, they should proceed very constitutes
carefully with disciplinary actions.
"protected
It's important to consult with HR and
activity."
attorneys to ensure that posts aren't
protected under the NLRA.
In recent years, the NLRB has reviewed dozens of
social media policies, and the agency has often ruled
against employers, even when workers have publicly
insulted and disparaged their employers online.
Companies need to understand the issues involved and
work closely with experts in order to make sure their
social media policies don't result in regulatory actions.
R I C H A R D D. A L A N I Z | m e a t p o u l t r y @ s o s l a n d.c o m

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