Non-Identification Policies

Today’s burning question: My fire department’s policy prohibits me from identifying myself publically as a member of the department. When I lecture I cannot indicate my department, nor can I mention it during my presentation.  I was wondering if I can represent myself as a member of the firefighter’s union?

Answer: Great question. You have stumbled upon the flaw in those ultra-strict policies out there that ban employees from mentioning their employment, whether in person or in social media. While a fire department can restrict personnel from identifying themselves as members of the department, the department would likely run afoul of both the First Amendment and collective bargaining laws if it tried to prohibit members from publically identify themselves as members of the firefighters union.

However, keep in mind that many jurisdictions have strict ethics laws that prohibit a public employee from using his/her position for personal gain. There are states that consider receiving compensation for lecturing on job-related matters to violate the “use of one’s position for personal gain” provision. In such a state, discussing work related incidents for compensation – even as a union rep – could constitute an ethics violation.

Also – the NLRB has taken the position that to the extent that strict employer policies restrict employees from discussing legitimate work related matters with co-workers in social media, the policies would be invalid as overbroad.