Section 7, National Labor Relations Act and Employer's Social Media Policy

03/30/12

A union representing workers at the Stop & Shop grocery chain in New York has filed a petition this week to the National Labor Relations Board office, Brooklyn. The petition alleges that the grocery chain's social media policy was “impermissibly vague, overbroad and violated Section 7 rights of employees” of the National Labor Relations Act.


The United Food and Commercial Workers Local 1500 alleges that the social media policy of Stop & Shop, published in July, forbids workers from disclosing confidential information on social networking sites such as Facebook or Twitter. Such ‘confidential information' also includes the personal salaries of workers.

The new social media policy of Stop & Shop also forbids employees about discrediting the store's practices or products on social networks. Surprisingly, in a Gestapo-like requirement, the new social media policy also requires employees to inform managers of colleagues who violate the policy. Disciplinary measures for violating the social media policy extend to termination of concerned employees.

Can an employer really pass such rules that control freedom of speech of its employees on their personal accounts on social media? Does seem absurd.

The union alleges that Stop & Shop violated the collective bargaining rights of the employees by not consulting the union before passing and enforcing such a policy.

According to Patricia McConnell, the lawyer representing the union, “The mere maintenance of the policy violates the law, whether it's enforced in discipline,” or not.

Arny Murphy-St. Laurent, the spokeswoman for Stop & Shop told the media that the social media policy of the store was simply to provide “reasonable guidelines” during their social media activity. There is no infringement as the policy also states in small print that the guidelines are not to be used in violation of the NLRA.

But then why post such guidelines at all?

The NLRB has been moving to clarify employer's obligations under the NLRA regarding social media policies. The body issued a report in January detailing recent enforcement actions related to social media issues in the workplace.

The NLRB recently found in at least six cases before it that the social media policies of employers were “overbroad,” contained unlawful language or illegally limited the activities of employees infringing their rights under the NLRA.