In the USA, the National Labor Relations Board (NLRB) oversees not just unionized workplaces but many others too. Among the issues attracting its attention these days are social media policies of employers. As one might expect, the NLRB protects free speech by employees, especially where employee rights and relations with employers are concerned.
However, the Board has recently confirmed that employers may require employees to disclaim speaking for the employer on the employees’ social media sites. The risk that employers could get in trouble for ideas otherwise imputable to them was considered a valid reason for such disclaimers. However, disclaimers would not be required on individual tweets, for example.
The disclaimer is required only where the employee makes him- or herself identifiable as an employee, however.
Would the same policy prevail in Canada? Would employees have any claim to avoid the need to publish disclaimers on, say, Facebook pages or blogs, or maybe in a Twitter profile?
Is there any authority short of a court to judge such a question, outside the context of a unionized workforce? For that matter, would our labour boards have jurisdiction, outside the scope of an unfair labour practice?
Do employers in practice require such disclaimers? Should they?