Employers Allow Employees Use of Work Email for Union Organizing and Related Activities National Labor Relations Board (NLRB) ruled in December 2014 that employers must permit employees the right to use work email systems for union organizing and other concerted activities relating to terms and conditions of employment. As is typical, the Board was divided and issued the ruling on a 3 to 2 vote. This decision overrules prior NLRB precedent holding that employers could prohibit employees this type of access to their work email systems. In Purple Communications, Inc., 361 NLRB No. 126 (Dec. 11, 2014), the NLRB held that email has become a critical means of communication and that therefore, the Board's previous position on this issue undervalued employees' rights to communicate in the workplace about their terms and conditions of employment and gave too much weight to employers' property rights. have been given access to the employer's email system in the course of their work are entitled to use the system to engage in statutorily protected discussions about their terms and conditions of employment while on non-working time." The NLRB's ruling included a finding that employees should generally be entitled to use the work email systems during nonwork time for the purpose of trying to gain support for union representation. The NLRB gave a preview of possible rulings in the future as it not only minimized an employer's property right to its email system, but further suggested that the Board may in the future disregard the property interests of employers in their phone systems and bulletin boards. We expect that the NLRB's ruling will be challenged in the federal courts. However, unless the courts reject the NLRB's decision, employers should be aware of the following: to provide employees with email access generally. Therefore, employers should evaluate whether an employee needs email access to perform his or her job. If email is not needed, an employer may want to eliminate email access generally. employees access to its email system. email system for non-job related communications to non-working time. However, employers must enforce this type of restriction in a uniform, consistent manner. A failure to do so will expose employers to unfair labor practice charges. computers and email systems for legitimate management purposes, such as ensuring productivity and focuses on labor and employment relations law and litigation. He is active with the American Bar Association, where he currently serves as special advisor on the Standing Committee on the American Judicial System. He is also a trustee of the National Judicial College. Firm, where he represents clients throughout the Northeast in matters of labor and employment law and litigation. P.O. Box 7799 Portland, Maine 04112 207.774.2366 Fax rfinberg@thebennettlawfirm.com thebennettlawfirm.com |