In what will undoubtedly be a ground-breaking case, the National Labor Relations Board has accused a company of illegally firing an employee after she criticized her supervisor on her Facebook page. This is the first time the board has stepped into a case such as this. They are emphatically claiming that an employee should not be fired due to criticizing a boss or employer on their Facebook (or other social media) page.

Lafe Solomon, the board’s acting general counsel, said, “This is a fairly straightforward case under the National Labor Relations Act — whether it takes place on Facebook or at the water cooler, it was employees talking jointly about working conditions, in this case about their supervisor, and they have a right to do that.”

This act gives workers the right – whether they are in a Union or not – to openly discuss working conditions and employers without the fear of reprisal. The labor board said the company’s Facebook rule was “overly broad” and improperly limited employees’ rights to discuss working conditions among themselves.

The labor relations board announced last week that it had filed a complaint against an ambulance service, American Medical Response of Connecticut, that fired an emergency medical technician, accusing her, among other things, of violating a policy that bars employees from depicting the company “in any way” on Facebook or other social media sites in which they post pictures of themselves.

The law firm handling the case and the Labor Board jointly feel that this company – and many others across the country – need to revisit such policies, as they are too broad. “Employers should review their Internet and social media policies to determine whether they are susceptible to an allegation that the policy would ‘reasonably tend to chill employees in the exercise of their rights to discuss wages, working conditions and unionization.”

What are your thoughts? Do you feel that companies are overstepping their boundaries when it comes to punishing an employee who dares to discuss their job on a social media site? Or… are they well within their right to do so?

Labor Board Claims People Should Not Be Fired Over Facebook Status

Eoghan Brophy wonders:

I was talking to my dad abut blogs and unions on the way home from the airport. He’d been at a journalism union conference. I was wondering what you thought bloggers should have to do with unions. If anyone tried to make a cent out of anything you’d made, I’m sure you’d have Wicket tear them apart. What you’ve made is copyright Chris Pirillo.

If this happened to a smaller lesser-known blogger, having a union membership might be useful. I’m inclined to believe that the response time might not be quick enough. Law was never a spry juggernaught. I know I’d be a bit miffed if someone stole something I’d written. Whether the union I’d pay subs for would help my case is hard to say.

Complicate the matter by throwing in money. Your own contributions to the Internet more than merit your income. I’d say you deserve a raise, even. Only problem there is you’re the boss of you. You want a raise, you work harder. Paid bloggers who make their way in the world by what they write would need to be taken on a case-by-case basis for union membership almost.

When does a blog become a journalistic work? I know a lot of the blogs coming out of China and Iran right now could be considered journalism, since they keep people informed. But when you try to define what a blog is, you might hit a few snags. Some blogs are pure opinion and supposition. Others, like mine, are just pointless and depressing. But some, like yours, are useful and informative – even up to the point where they might be considered journalistic.

Ask your Gnomedex attendees what they think. I’m sure there’ll be plenty of bloggers at the event. I’d love to hear if they think union membership is necessary or not. If not, then I don’t see printed media unions lasting a lot longer. We’re already seeing a return to the Dickensian models.

P.S. I understand you’re an English major. Are you also callipygian?

1. I don’t consider myself a blogger. I have a blog, but that doesn’t make me a blogger.
2. I don’t consider myself a journalist. I don’t work for someone else.
3. I don’t consider myself having callipygian qualities. That speaks for itself.
4. I don’t believe bloggers need unions (no more than software developers need unions).
5. I don’t know if unions, in general, are going to be around for much longer.

Do Bloggers Need a Union?