AA Social Media Policy

APFA has seen an increase in the number of Flight Attendants who are disciplined and even terminated for content that they post on social media websites including Facebook, Instagram and Twitter. Flight Attendants should be aware of the AA Social Media Policy and the consequences of violating it. Posting when you are off duty does not stop management from investigating you for potential disciplinary action. While APFA does not agree with these investigations, we want Flight Attendants to be aware of how posting on social media could affect your continued employment with AA.

Contrary to popular belief, the First Amendment does not apply in a private sector workplace like American Airlines and does not prohibit management for disciplining or discharging Flight Attendants for social media posts. When the Union files grievances to protest disciplinary action, these grievances are heard by neutral arbitrators. Arbitrators generally uphold discipline when an employee violates a social media rule while on duty, especially when that use interferes with job performance or employer operations.

In cases where an employee is disciplined for social media posts made while off duty, arbitrators ask the following questions:

• Is there a nexus between the social media activity and the workplace?
• Does the employee have an expectation of privacy in the social media activity?
• Is the social media activity explicitly unprotected because it involves unlawful threats or harassment?

Arbitrators are generally skeptical when employers discipline employees for off-duty conduct, unless the employer demonstrates a nexus to the workplace by proving the off-duty conduct harms the employer’s business, adversely affects the employee's ability to perform the job or leads other employees to refuse to work with the offender. If you post about AA, disclose that you work for AA or post photos of yourself in uniform or during layovers, it will be easier to establish a nexus to your employment.

Many arbitrators find that employees’ social media content is not private regardless of the user’s selected privacy settings. When you post anything on social media, you should be aware that it may become public. Even if only your “friends” can see your post, it’s possible that a coworker or even someone not affiliated with AA may disclose your post to management. Never “friend” your FSM or any other member of management.

Where an employee posts harassing or offensive racial or sexual comments or threatens others, arbitrators typically will find just cause for discipline. A post that is intended as a joke may not be perceived as such and may be considered by management to violate the AA Work Environment Policy and Rules of Conduct. [link to policies on JetNet].

When in doubt, don’t post. If you are subject to an investigation or are disciplined or terminated for posting on social media, contact APFA to file a grievance.