The decision builds off past agency rulings regarding employees’ on-premises solicitation for union organizing purposes.
- A Kentucky Kroger distribution facility violated federal labor laws when it prohibited employees from using a company parking lot to solicit support for a union organizing effort during nonworking time, a National Labor Relations Board administrative law judge held in a May 8 decision.
- Additionally, the judge found that Kroger’s parking policy unlawfully restricted off-duty employee access and that an HR employee, by her statements and conduct, prohibited one employee from soliciting on company property during nonworking time. The judge dismissed other claims brought by NLRB’s general counsel, including that Kroger prohibited employees from discussing unionization and unlawfully interrogated them.
- The judge held that the conduct violated the National Labor Relations Act’s Section 8(a)(1), under which it is illegal for employers to interfere with, restrain or coerce employees in the exercise of activity protected by the law.
The decision builds off past NLRB rulings regarding employees’ on-premises solicitation for union-organizing purposes. According to the judge, while employers may restrict solicitation on company property during working time, the NLRA prohibits them from doing so with respect to nonworking time unless they present proof that the restriction is necessary to maintain production or discipline.
Kroger contended that its policy only...
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