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
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