On July 5, 2016, arbitrator Robert D. Howe issued an arbitral award (the “Award”) dealing with the use of social media, particularly Twitter, following a long arbitration process between the Amalgamated Transit, Union Local 113 (“Local 113”) and the Toronto Transit Commission (“TTC”). Local 113 was grieving TTC’s use of social media “to publish personal information about Local 113 members, to receive and make complaints about Local 113 members, and to solicit public comment with respect to Local 113 members.” Local 113 raised particular concerns about tweets with: derogatory language, violence/threats, pictures of employees, employee badge numbers, false information, requests from TTC for more information, customer complaints, complaints about employees taking breaks, and tweets which make the discipline process public. The Award contains a list of derogatory language directed at TTC employees through social media, as well as a large number of examples from the exhibits presented during arbitration.
The Award concluded that TTC failed to take all reasonable and practical measures to protect Local 113 members from harassment embodied in the social media commentary. The arbitrator says that TTC should, among other recommendations, “not only indicate that the TTC does not condone abusive, profane, derogatory or offensive comments, but should go on to request the tweeters to immediately delete the offensive tweets and to advise them that if they do not do so they will be blocked.” The arbitrator continued that TTC should follow through on this promise. The arbitrator said that TTC should follow similar procedures for tweeters posting photos of employees. The Award also said that TTC tweets should avoid editorialising when answering customer concerns. The Award acknowledged that even if TTC were not on Twitter, there would still be posts about TTC employees and services. Although TTC was not required to shut down its social media accounts, and in particular the @TTCHelps account as requested by Local 113, they were asked to confer with Local 113 about possible steps to be taken in light of the Award.
A social media account is increasingly becoming an important component of the image of a charity or not-for-profit. As such, the comments in the Award with regard to providing a safe work environment for employees should also be considered where employees, including volunteers, are responsible for monitoring a social media account. Moreover, the Award demonstrates that a clear and well implemented social media policy is also important for organizations that present themselves to the public, donors, or their members through a social media account.