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Points of View is our blog dedicated to exploring the critical corporate communications issues of the day through insights and videos of Fortune 500 business and communications execs, industry insiders and our team.

Bill Feldman

Social Media Policies & Federal Labor Law: A Moving Target: Part II


April 18th, 2013

In my last post, I provided an overview of how the NLRB has been reining in corporate social media policies to make sure that they don’t infringe on employees’ right to communicate with each other about wages, benefits, and working conditions. The NLRB has interpreted that right broadly, and we identified 14 areas commonly addressed by corporate social media policies that the NLRB rulings have touched upon. Bear in mind that what we’re talking about here are policies that limit the things employees can do in personal social media use. Companies have much greater latitude to limit what is said in their name.

There are some real surprises here, but with a little care, I believe most of your social media policy objectives can be met while avoiding problems with the NLRB.

(more…)

Bill Feldman

Social Media Policies and the Federal Labor Law: A Moving Target


January 24th, 2013

Over the past few years, we at PulsePoint Group have counseled a number of organizations on social media policies, many of which address employee social media activity outside of their official capacity, whether at work or elsewhere. (more…)

Bill Feldman

The New CEO and the Power of Symbolism


August 2nd, 2011

In counseling a new CEO recently on the importance of the First 100 days, we encountered a familiar challenge.

ceo

The CEO’s organization, while successful, needs change. Old attitudes and outmoded ways of doing things have become encrusted, and the first hundred days represent a unique opportunity to break those molds at a time when change is almost universally expected and the organization is likely to be most receptive to it.

At the same time, skeptics within the organization are likely to doubt the new CEO’s fidelity to the organization’s core principles. They will almost certainly (though incorrectly) view the change as undermining those principles – and, though they surely won’t admit it, threatening to themselves and to their careers. These skeptics are especially likely to be clustered in a part of the organization most closely associated with carrying out the organization’s mission, and physically separated from the corporate headquarters.

This isn’t unusual. Consider, for example, the skepticism with which journalists at the Wall Street Journal greeted Rupert Murdoch’s takeover, or the people at IBM first reacted to the first CEO to come from outside the company. And, to be fair, the skepticism isn’t always unjustified.

In situations like this, one of the most powerful tools in the new CEO’s arsenal is symbolism. All CEO’s have a mandate for change – some more than others, to be sure, but studies show significant change, especially in strategy and in the leadership team is almost universally expected.

But some change is especially symbolic, and either by design or by accident will send a powerful and lasting message. It’s vitally important that the new CEO seize opportunities to send these symbolic messages, and avoid sending the wrong ones inadvertently. And don’t confuse “symbolic” with “superficial.” It is the substance of these key actions that makes them symbolic.

(more…)

Bill Feldman

NLRB Attack on Social Media Policy: What Does it Mean?


November 10th, 2010

Version of published in PR Week, November 19, 2010

As you may have seen reported in the New York Times and elsewhere, a regional office of the National Labor Relations Board – the independent federal agency that oversees collective bargaining issues – is claiming that a Connecticut ambulance company’s social media policy was wrongly invoked to terminate an employee who complained about her supervisor in a Facebook post.

While the case is getting a fair amount of media attention because of its novelty, I want to put the matter in some perspective and also share with you some of the thinking that goes into the guidance we at PulsePoint provide to companies developing their own social media policy.

Three things make this case worth paying attention to:

  1. The NLRB’s legal theory that the employer’s Internet policy went too far by prohibiting disparaging remarks and by requiring the company’s permission before saying anything about the company.
  2. The potential application of that theory to all workplaces, not just those with labor union issues.
  3. The extension of the employer’s Internet policy to private use, at home, on the employee’s own time.

According to a press release the NLRB recently issued describing the case, the employee had been the subject of a customer complaint, and was angry at her supervisor for not allowing her Teamsters representative help her craft her response. After she got home that evening, the employee aired the grievance on her Facebook page, which generated supportive responses that in turn generated still more negative comments from the employee.

(more…)

Bill Feldman

Codice Vultuum ergo sum*


June 8th, 2009

Last Thursday, Harvard senior and classics scholar Paul Mumma gave the traditional Latin salutatory at the university’s 358th commencement.

In his brilliantly delivered oration, Aetates Hominis Harvardiani, Mumma marveled to his classmates that in just their four years together, “mercatura totius orbis collapsa est, Pluto non iam orbis est, et licet parentibus Codice Vultuum uti” (the world economy has collapsed, Pluto is no longer a planet, and suddenly it’s OK for adults to use Facebook).

That drew an appreciative laugh, and it reminded me of a useful insight I’d recently come across about how those adults are – and aren’t – using Facebook. (more…)

Bill Feldman

As crisis managers, what can we learn from the swine flu response?


May 12th, 2009

We have gone from near-panic over the emergence of swine flu, to dismissing it as hype.

On May 1, the World Health Organization reported only 331 cases of swine flu worldwide, but still declared the crisis to be at level 5 alert on a scale of 6, meaning that this strain of flu might be considered an all-out pandemic if the numbers keep rising.

On the same day, CNBC reported that flu masks were “flying off the shelves,” and soon after, China quarantined Mexican visitors.

Now, just a few days later, with the virulence of the virus apparently less than originally feared, the federal government has relaxed its attitude toward school closings and the media is asking whether it was all hype. The public has quickly become so blasé that, only a few days after Vice President Biden sounded an off-message travel alarm, “Cinco de Swino” parties were held in Washington and other U.S. cities. (more…)

Bill Feldman

2M4M: ROFLMAO


April 15th, 2009

It may be the most embarrassing branding error since GM found out that the Chevy Nova meant “no go” in Latin America.

And it’s a reminder of what happens when clueless people try to use Web 2.0 language because they think it’s cool but have no idea what it means.

Last week, the National Organization for Marriage, a conservative organization opposed to gay marriage, launched a new $1.5 million “Two Million for Marriage” initiative that it dubbed “2M4M,” evidently in an effort to appeal to younger, web-savvy people. (For those of you who are interested, PR Place has the scoop on activist Maggie Gallagher, who is behind this group and a related “Institute.”)

NOM also launched Facebook, MySpace and Twitter accounts, urging supporters to “use those networks and invite your friends.” (more…)

Bill Feldman

A place for niche media in your strategy?


April 9th, 2009

A few years ago, I was sitting in the regional office of a senior regulatory official with the FDA. At the time, I was the publisher of Food Chemical News, a regulatory information service that she and many other FDA and USDA officials subscribed to – and, I’m pretty sure, still do.

It wasn’t a sales call, exactly. About 1,000 miles from our home base in Washington, D.C., it was more one of those show-the-flag tours to solidify and, perhaps, expand our relationship with some of our biggest customers. So I asked her why she spent hundreds of dollars a year to subscribe.

“It’s the only way I can find out what’s really going on back at headquarters,” she said.

I was reminded of that conversation when I read media writer Howie Kurz’s recent column in the Washington Post on the (more…)

Bill Feldman

Bonus babies: Communicating incentive and retention payments in a skeptical era


March 23rd, 2009

This past week, it seems as though everyone in America from the president on down has a strong opinion about those AIG, Merrill Lynch, and Fannie Mae bonuses. “Outrage” has become the word du jour.

The public’s furor over AIG and the others will subside. But enhanced scrutiny of executive compensation, by regulators and shareholders, may not – even for companies that aren’t imploding or finding the federal government as their biggest shareholder. Fed Chairman Ben Bernanke is urging companies to align executive incentives with corporate goals, and avoid “mismatches between the rewards and risks borne by institutions or their managers.” And Simon Johnson, a professor at MIT’s Sloan School of Management and former chief economist of the International Monetary Fund recently wrote that “offering guaranteed [retention] bonuses to virtually the entire operation is hardly the way to achieve the desired results. We should not let people think that the best way to guarantee job security is to lose lots of money in a really complicated way.”

Smart boards and CEOs, rather than hunkering down (more…)

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