Using E-Mail Systems For Union Business
The National Labor Relations Board will hear oral arguments on March 27, 2007 as part of it process to determine whether employees have a right to use their employer's e-mail system to communicate with other employees about union or concerted activities. There are other issues as stake:
- If employees do have a right, what restrictions if any may the employer place on those communications?
- If not, does an employer violates the National Labor Relations Act if it permits non-job related e-mails but not those repeated to union or other concerted activities?
- If employees have a right to use the e-mail system may an employer nevertheless prohibit e-mail access to their employees by non-employees?
Non-union businesses assume that because there is not a union in their workplace, they can freely manage their workforce. However, the National Labor Relations Act (NLRA) which regulates union-management relations, also protects certain employees' activities despite the absence of a union.
For example, under the NLRA employees have the right to engage in concerted activities for collective bargaining or other mutual aid or protection. Employers may not interfere with those concerted activities.
Determining what is a concerted activity under the NLRA is the subject of continuous controversy. Basically, it must be undertaken by two or more employees working with the same employer or by one employee speaking for other employees'; and the purpose of the activity must center around the employees' wages, hours, or other terms and conditions of employment. Examples include employees acting as a group to complain about certain conditions at work; as opposed to one employee complaining about his particular problem.
The oral arguments for the 27th of March are in the case of The Guard Publishing Company, Cases 36-CA-8743-1, et al, the Board will decide to what extent (if any) employees may communicate with other employeees about concerted and other protected activities.
