The impact of employer e-mail policies on employee rights to engage in concerted activities protected by the National Labor Relations Act

Abstract

This paper addresses the interrelationship of employee rights to engage in concerted activities under Section 7 of the National Labor Relations Act (NLRA) and employer policies on e-mail use. Does an email policy of business-use-only avoid legal problems? Is such a policy practical in light of the pervasive use of e-mail for general communication? If employers permit selective personal use of the e-mail system, but prohibit discussion related to unions and issues related to wages, hours and working conditions, this is legally problematic. In addition, employer monitoring of e-mail is a form of surveillance that may be prohibited during a union organizational campaign. The existing case law interpreting like issues under the NLRA will be analyzed in light of new issues arising with e-mail in the workplace. Recommendations for appropriate resolution of the competing interests of employers, unions, and employees will be made.