Union Organizing Using a Company’s Email System
When union organizers start an organizing drive, there are certain restrictions on what they can do, particularly within the workplace. Both employers and employees must comply with Section 7 of the National Labor Relations Act (NLRA).
Protected Concerted Activities
Under Section 7, employees have certain rights to communicate among themselves. Section 7 states, “Employees shall have the right to self-organization, . . . and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.”
What about communication via email? Can union organizers use a company-operated email system for organizing purposes? Companies typically provide email systems so that employees can communicate with outsiders and among themselves as part of their jobs. Generally, company policies have prohibited the use of company owned and operated email systems for other than job-related communications. Some union organizers have challenged this prohibition.
The NLRB’s Perspective Evolves
At first, the National Labor Relations Board (NLRB) allowed an employer’s written policy that prohibited the use of a company-provided email system for non-job-related solicitations. Then the NLRB reversed its position. “[W]e decide today that employee use of email for statutorily protected communications on non-working time must presumptively be permitted by employers who have chosen to give employees access to their email systems.” The NLRB claimed that its earlier decision had failed to adequately protect “employees’ rights under the NLRA.” The board also stated that it had a responsibility “to adapt the Act to the changing patterns of industrial life.”
The rules are clear. Once an organizing election is scheduled, a company must turn over all telephone numbers and home and email addresses of the company’s employees to union organizers within two days. The organizers can then communicate with employees via the company’s email system.
Question Presented
[Image unavailable: Tom Cruise next to a water cooler]
Employees meeting around the water cooler (just like Tom Cruise above) or coffee machine have always had the right to discuss work-related matters. Is an employer-provided email system or social media outlet simply a digital water cooler? Why or why not?
Student 1: In a sense, an employer-provided email system or social media outlet is like a digital water cooler in the aspect of having a group of employees gather together to talk about work related matters or pleasure. The only thing I would say to do differently is the use of each system; By that I mean use the employer-provided email for work purposes only unless stated it can be used for pleasure, and use social media, some other app like discord, or other means of communication to talk about anything in general whether it be work or pleasure. That way employees don't have to worry about getting themselves in a predicament.
Student 2: The web-based media outlet was not just an advanced water cooler as it has a wide degree. The web-based media outlet isn't just exposed to a specific spot yet its bad intention is to serve the prosperity of the workers and it could be in any of the accompanying: The announcements for the benefit of the business without earlier approval, An encouragement to abstain from posting remarks and materials on complaints and settling them inside, The workers are mentioned from divulgence of proprietary advantages, inner reports Restrict workers from getting to online media for individual purposes during organization time with organization gear, except if they have made sure about earlier approval. The NLRA ensures any representative engaged with the accompanying: Resolving bunch issues with a business, A work association is helped in structures, joinsInitiation of a gathering activity and its arrangement, The portrayal of different representatives