The Use of Social Media while at work

Below is the body of an email that I received discussing the points made by a panel of arbitrators at a recent Arbitration Conference held in Seattle.  Although they do not discuss the specifics of the cases that they discussed they did bring up some good points.

This issue is being talked about in all industries and I believe that the takeaway is this: If you are at work stay off of it.  If you give someone your password or if it is “saved” on your computer at home and someone posts while you are working you could be held accountable for the posting.  And in addition, if you chose to use social media you have to be aware that people are watching what and who you are posting about.

~Will

Social Media at Work

This employer gave the grievant a written reprimand for a violation of the Computer & Social Media Policy.  All of the labor arbitrators on the Seattle conference faculty would have upheld this discipline.

Instead of reciting the facts and arguments, we reprint a number of points which they made or endorsed.  These points would apply to a wide range of social media cases.

Investigation
The grievant is asked point blank and he gives a half-answer.  The supervisor asked the grievant:   “Did you post on Facebook while working?”  And he says:  “I am aware that there was a Facebook post made, yes.”

I think the company is entitled to more than that, and his answer factors into the written reprimand.  There’s an element of untruth in his answer.  The company didn’t charge him with lying during the investigation, but his answer went to the issue of whether he was on Facebook when he should have been working.

Rule Violation
1.    Most companies have a social media policy, but you don’t need a rule that says you should not be goofing off while working.  In the circumstances of a work day, a project, etc., employees know the circumstances and when they should be working.

2.    I am sure people misuse their computer and engage on all these devices when they should be working.  And here’s my point:  The employer cannot catch every one of them.  It cannot single out employees (disparate treatment) or be a lax enforcer (employees need notice of what will happen), but the employer has a right to act.

3.    There are a lot of jobs out there where employees can walk around and they’re attracted like a magnet to social media.  People can’t help themselves.  And I am sympathetic to employers who end up paying employees who don’t work.

Employee Defenses
1.    If the union is going to start comparing the treatment of the grievant to how others were treated, the union needs to have evidence.  It has to show that the employees had similar duties and that their use was similar.  There’s a big difference between someone sitting at a desk and someone on the shop floor where safety is a concern.  The employer may overlook the first one and give a harsh penalty to the second one.

2.    This grievant alleged that someone at home — who has his password — made the Facebook post.  The union has to bring that person in to testify.  Even if she testifies, I have two problems with this employee defense.  First, it suggests to me that he called her at work.  When he made the call, did he use work time or was he on break?   Second, if you give out your password, you should take responsibility for what happens as a result.