Cornerstone - Winter 2017 - 15

how the company allows a 17 (psychiatric patient) to become a supervisor." The
employee also called her supervisor several
derogatory names. The employee was fired
as a result of the social media posts, but the
NLRB found that the employee's posting
was concerted activity and the employer
could not properly terminate the employee
for these postings.
In another case, a Walmart employee
posted a tirade about a supervisor, which
included a Spanish language slur and the
statement that "this tyranny doesn't end."
Walmart terminated this employee. The
NLRB, in this case, concluded the posting
was "an individual gripe" and not concerted
activity. The NLRB, therefore, upheld the
employee's termination.
As you can see from the above, it is difficult, if not impossible, to determine which
postings are protected and which are not.
Employers, therefore, need to proceed
cautiously, and with the advice of counsel,
before taking any action based upon social
media postings.
Social Media Policies
The NLRB has also asserted that certain
employer social media policies violate
NLRA. Violative policy provisions include:
* Policies restricting release of
employees' wages and benefits;
* Prohibiting all offensive, demeaning,
abusive or inappropriate remarks;
* Prohibiting employee comments on
any employer legal matters;
* Prohibiting any use of employer logos
or trademarks.
The NLRB, on the other hand, has
asserted that these social media policies
were lawful:
* Policies that address confidentiality
of trade secrets and confidential
information;
* Require that employees must be
honest and accurate when posting
information, and that any mistakes
corrected quickly;
* Require employees express only
their personal opinion, do not
represent the company, and include
a disclaimer as such;
* Prohibit statements that could
be viewed as malicious, obscene,
threatening or intimidating to other
employees-harassment/bullying.
Winter 2018

Again, it is difficult to know where
the NLRB will draw the line with respect
to an employer's social media policies.
Further complicating this matter is the
fact that in the coming months the NLRB
will be issuing its first ruling in years with
a Republican member majority (due to
President Trump's latest appointments).
This may result in more employer-friendly
decisions by the NLRB concerning social
media issues.
■

Board certified in labor and employment law
by the Texas Board of Legal Specialization,
Anthony G. "Tony" Stergio has extensive
experience in the defense of state and federal employment discrimination claims, wage
and hour compliance, OSHA compliance and
contests, noncompetition agreements and
employment policy design and review. Tony is
an active member of AGC Houston and serves
on the Employment Practices Committee and
the Safety Committee.

Safety Builds Strong Businesses.
Safety and dividends go together like nuts and bolts-
that's why we provide group and individual dividends to
our policyholder owners that keep their people safe. Plus,
as a member of the Texas Chapters of the AGC-Texas
Building Branch, you may receive a greater discount on
your workers' comp premium. To put your business at the
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While we can't guarantee dividends every year, Texas Mutual has returned
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Table of Contents for the Digital Edition of Cornerstone - Winter 2017

From the Chairman of the Board, James Bryant
AGC Houston 2018 Board of Directors
Get to Know Your Newest Board Members
Disaster Response: AGC Houston Announces $100,000 for Hurricanes Harvey & Maria Relief
Social Media in Employment Update
AGC Houston Silica Task Force Releases Safety Training & Development Program Guide
Past Events
Member News
Index of Advertisers/ Advertiser.com
Cornerstone - Winter 2017 - Intro
Cornerstone - Winter 2017 - bellyband1
Cornerstone - Winter 2017 - bellyband2
Cornerstone - Winter 2017 - cover1
Cornerstone - Winter 2017 - cover2
Cornerstone - Winter 2017 - 3
Cornerstone - Winter 2017 - 4
Cornerstone - Winter 2017 - 5
Cornerstone - Winter 2017 - 6
Cornerstone - Winter 2017 - From the Chairman of the Board, James Bryant
Cornerstone - Winter 2017 - 8
Cornerstone - Winter 2017 - AGC Houston 2018 Board of Directors
Cornerstone - Winter 2017 - Get to Know Your Newest Board Members
Cornerstone - Winter 2017 - 11
Cornerstone - Winter 2017 - 12
Cornerstone - Winter 2017 - Disaster Response: AGC Houston Announces $100,000 for Hurricanes Harvey & Maria Relief
Cornerstone - Winter 2017 - Social Media in Employment Update
Cornerstone - Winter 2017 - 15
Cornerstone - Winter 2017 - AGC Houston Silica Task Force Releases Safety Training & Development Program Guide
Cornerstone - Winter 2017 - 17
Cornerstone - Winter 2017 - Past Events
Cornerstone - Winter 2017 - 19
Cornerstone - Winter 2017 - 20
Cornerstone - Winter 2017 - Member News
Cornerstone - Winter 2017 - Index of Advertisers/ Advertiser.com
Cornerstone - Winter 2017 - cover3
Cornerstone - Winter 2017 - cover4
Cornerstone - Winter 2017 - outsert1
Cornerstone - Winter 2017 - outsert2
Cornerstone - Winter 2017 - 27
Cornerstone - Winter 2017 - 28
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