In The Kroger Co. of Michigan v. Anita Granger, Case No. 07-CA-098566 (April 22, 2014), the Administrative Law Judge, went against an existing decision by a National Labor Relations Board Regional Director and found that an employer’s online communications policy is an unfair labor practice. The government argued that portions of the policy, including a revised version, were overbroad and would have a reasonable tendency to chill employee conduct protected by the National Labor Relations Act. 

The employee, Anita Granger, was disciplined by the employer.  According to the employer, she violated the company's policy which states "When online, do not engage in behavior that would be inappropriate at work and that will reflect negative or inaccurate depiction o[n] our company.  Ms. Granger had made a posting about the Kroger Company on Facebook.  The ALJ found that the breadth of the rule on online communication would be extremely burdensome and would have a reasonable tendency to chill Section 7 activity.  The ALJ stated that Kroger's disclaimer rule requiring a disclaimer on every identifiable employee communication about work related information goes beyond any legitimate interest that Kroger's would have in such discussions.