Recent Ruling by National
Labor Relations Board Impacts Personal Use
of Business Email
Changes require employers
to allow personal use of email for
employment-related discussions
In today’s
age of information security and monitoring,
more and more companies are limiting their
employees’ personal use of work e-mail
accounts. The restrictions of personal use
of corporate e-mail vary greatly from
company to company, however it is standard
practice for an organization to include
limitations in their employee handbook.
A recent
ruling by the National Labor Relations Board
(NLRB) requires employers to allow employees
to use work e-mail accounts to discuss
issues related to their union or employment
in general, provided that the discussion
take place during off-work hours. Prior to
this ruling, employers had full control over
an employee’s use of the company’s email
system, especially since a company’s e-mail
system is considered business property.
How far does the ruling
reach?
The NLRB’s
ruling provides employees with the right to
discuss key employment-related issues,
including union organization matters and the
general terms and conditions of their
employment.
Providing
that the communication take place during
non-working hours, allowable topics of
discussion include:
-
Union administration: Discussion
of all issues relating to the operation
and administration of a union must be
allowed under the ruling. This includes
the costs of union dues, meeting
notices, voting issues and activities.
Banning or limiting the discussion of
these topics is in violation of the
ruling.
-
Benefits concerns: Group
discussions amongst employees regarding
matters relating to the employer’s
benefits offering must be allowed under
the ruling. This includes communications
regarding vacation policies, health
insurance plans and more.
While
there are some very specific exclusions, the
decision affects nearly every U.S. employer
maintaining a corporate e-mail system.
Does the ruling extend
beyond e-mail?
The ruling
by the NLRB relates specifically to the use
of corporate e-mail systems. The decision
does not cover the use of corporate phones,
messaging programs or internal social media
portals. At this point, it remains up to the
discretion of each company to develop
policies governing the use of these
communication channels.
However,
while that may be the case, the NLRB
unofficially urged employers to carefully
consider the allowed usage of these channels
and encouraged the same treatment of all
avenues of communication offered by an
organization.
Have you been denied the
use of corporate email to discuss union or
employment matters?
Despite
the ruling, some employers continue to limit
the use of corporate email to discuss
employment law issues. Whether the policy to
ban these discussions is intended to protect
morale or private information, such an
action flies in the face of the NLRB’s
ruling. At Hepworth, Gershbaum & Roth, PLLC
our New York
employment law attorneys are committed
to helping clients uphold their labor
rights. If you have been denied the use of
company email to discuss union issues, we
may be able to help. To schedule a free
consultation with one of our New York
employment lawyers,
contact us online or call 212-545-1199.
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attorney in New York today
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consultation and determine
whether you have a case. For
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