Employee Use of E-Mail to Discuss Union Matters

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Employers are advised to consult applicable state and federal laws that may address policies barring employee use of company e-mail for non-business matters.
' ?$ S  ^  M8 x& M5 A6 `+ T1 ?2 Q1 vBy James E. Hall, Mark T. Kobata, Marty Denis and D. Diane Hatch nder the National Labor Relations Act, the National Labor Relations Board is now considering whether employees may have the right to communicate with one another through their employer’s e-mail system about union matters and terms and conditions of employment.
    The Register-Guard, an Oregon daily newspaper, had a policy that restricted its employees from using its communication devices to solicit anything non-job-related. When one of the newspaper’s employees sent a union-related e-mail on company equipment, she received a written warning for violating the communications policy.
6 g/ r4 |* \  T2 F! [  n    When she sent two union-related e-mails to her co-workers from a non-company computer, she received another disciplinary notice that her e-mail violated the company’s communications policy. In response to unfair labor practice charges filed by the NLRB, Guard Publishing argued that since the e-mail system was the company’s private property, it could regulate and restrict its use.
    The NLRB general counsel argued that employee interests in corresponding with one another through e-mail in the workplace need to be balanced with the employer’s business interest in regulating the use of its e-mail system. According to the NLRB general counsel, a broad policy prohibiting all non-business e-mail use should be illegal unless a showing of special circumstance is provided. A ruling is expected this year. Guard Publ’g Co., d/b/a The Register-Guard, NLRB No. 36-CA-8743-1, oral argument 3/27/07.
    Impact: Employers are advised to consult applicable state and federal laws that may address policies barring employee use of company e-mail for non-business matters.
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