Should employees be able to use their employers’ email accounts and networks to fight for union rights? That is the question posed to the National Labor Relations Board, a group of five federal regulators who oversee union elections and workplace disputes.
Despite a 2007 ruling in favor of employers’ right to limit email use by employees, the board is looking at the issue in a new light. Part of this is attributable to the change in the board’s makeup, all of whom have been picked by President Obama. Another part stems from the 2012 failure to organize a union at a Rocklin, California company that provides interpreting services for the deaf and hard of hearing, and the subsequent case filing with the NLRB.
Employers state that changing the ruling would infringe upon their rights, including a company’s First Amendment rights to not send unwanted messages from other people. The union states that employees have the right to use communication hosted by the company if it is related to worker conditions and employee rights. The NLRB could open the door for workers’ use of email for personal reasons during work, although general counsel has recommended certain regulations such as allowing employees to use email for personal purposes during “nonwork time” unless there is a specific need to uphold discipline and production can be shown.
To what extent should employers be able to regulate their email networks? Do workers have a right to use their companies’ emails to unionize?
Guest:
Joel Barras, partner in Reed Smith’s Labor & Employment Group, where he represents regional and national employers in collective bargaining, labor arbitration, and employment-related litigation