Kroger Online Conduct Policy Ruled Unlawful by NLRB ALJ

Kroger maintained a communications policy that required workers to attach a statement indicating that Kroger did not necessarily share their views to any online posting about their employment. This disclaimer strictly followed a 2012 memorandum from the then Acting General Counsel of the National Labor Relations Board that said employers could lawfully require employees to state that online postings were their own and did not represent the employer’s “positions, strategies, or opinions.” The ALJ defiantly held that memoranda from the General Counsel’s office do not hold precedential value, he did not agree with the memorandum, and he would not follow it. Once again, employers are left not knowing which way the Board will sway on any given day.