Question

Concerning the NLRA:

a. Does this statute apply to non-union employers?

b. Do you believe an employer could prohibit an employee from posting a comment to her Facebook page that advocates for the purpose of collective bargaining?

ABC Corporation reviews available prospective applicant’s social media posts as part of its background check. What issues does this practice raise?

Answer 1

a. The National Labour Relations Act (NLRA) apply to all private sector employers/ employees, union and nonunion.

Many non-union employers assume that the NLRA has no effect on their company. Recent rulings of te NLRB demonstrate the need for non-union employers to be aware of their employer rights under this Act.

b. NLRA was enacted as a means to protect the rights of the employees who want to improve their work conditions or pay. Under Section 7 of the Act, employees have the right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection.

Online activities such as posting and commenting on facebook, may be protected under this section of the Act.

Hence an employer could not prohibit an employee from posting a comment to her Facebook page that advocates for the purpose of collective baraining.

c. The following are some of the issues that raise when ABC Corporation reviews available prospective applicant social media posts as a part of its background check:

1. Performing social media background checks on certain applicants but not others.

2. Taking into account postings of information that reveal protected statuses.

3. Hiring a third-party to perfrom social media screenings but failing to follow the Fair Credit Reportin Act.

4. Taking into account an employee protected, converted activities.

5. Failing to take into account information that shows an applicant may present a safety risk to other employees.