JBM Consulting
September 2011
Welcome to JBM Consulting

 

Greetings!

Whether you are a union or nonunion shop, you need to know that there are laws covered under the NLRB that apply.  Specifically section 7 rights apply to all!

The NLRB expresses that employers cannot prohibit employees from using social media sites.  Use of these sites is compared to casual conversation "around the water cooler".

However, more and more of my clients are finding this to be something that is hard to manage.  JBM provides information on Social Media Governance so feel free to contact me for that information to be proactive.  However, keep in mind that there is a fine line between what is acceptable posting and what isn't.  

The types of questions management has to ask when discerning the disciplinary action is, what seemed to be motivating the employee when writing information; what is fact and what isn't etc...  Some things are written with the hope of trying to protect an employee from a situation of harassment or bullying, as one example.  Motives are important.  Content and context is important.  There are no clear guidelines on this but case law, as with every other, will dictate what is acceptable or not over time!

Be proactive, develop a strong social media policy for starters.  Such a policy will help reduce some of what may create issues later.

 

 

Recent Article published on the topic regarding a Buffalo Non profit organization...
 A Buffalo non profit organization recently terminated five employees after the posted comments on face book concerning their working conditions, including workload and staffing issues.

It was stated that after a co-worker overheard another criticizing other employees for not doing enough for their clients, that employee posted those allegations on face book.  Such a post received responses from other employees regarding their job performance and who also criticized working conditions as described above.  All who participated in this social media exchange were terminated on the basis of harassment of the employee who made original post.

It was found in a court hearing that such a discussion was "protected concerted activity" within the meaning of Section 7 of the National Labor Relation's Act (NLRA).  Such a form of sharing opinions was simply considered "communication among co workers".   Court ordered rehire of all terminated employees with back pay.

PREVENT POTENTIAL BAD "PR", MOVE TO IMPROVE EMPLOYEE RELATIONS!

One way employers can reduce the likelihood of such a negative stream of communication on face book or otherwise, is to be more proactive in employee engagement.  
 
Listen to your employee concerns.  Take the time to find out the realities of their work world from their perspective.  This approach is one that I take with all of my clients as I assist them with facilitating employee focus groups and addressing employee relations issues.

Value your staff, value their input, consider modifying procedures and policies to make the work environment...employee friendly.  Even if you can't make all changes desired, active listening goes a long way.  When employees feel valued and "heard"...they typically won't seek other methods to communicate their frustrations.

JBM has worked with many clients to develop work plans for their staff that involved employee engagement at all levels. We all know that if we feel we have a role in how we approach our work, we are invested and more connected to our place of employment. These written plans have a goal of working more effectively, efficiently,  improving communications and encourage collaboration...all known to improve work performance overall!  

For those clients that focus on employee engagement..it works... improving morale, the work environment and overall performance!




 

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Jeannine Brown Miller, MA, SPHR
Principal Consultant and Professional Career Coach
 
JBM Consulting
jbmhr@roadrunner.com
                 716-946-8381