hrc blog
NLRB: Employees can now use employer email systems for unionization and voicing work conditions
The National Labor Relations Act (NLRB) recently decided that employees can use employer email systems during non-working hours to communicate about wages, working conditions, and other protected concerted activity, including union organization.
This decision appears to apply only if an employer has granted the employees access to email for their jobs, such as assigning them the use of a business email account / address.
As you may already know, Section 7 under the National Labor Relations Act (NLRA) already protects employee's rights to discuss the terms and conditions of their employment (including under a concerted activity, i.e., 2 or more employees sharing the share concerns) and to communicate with each other regarding union organization.
What is interesting here, according to the case Registered Guard, 351 NLRB 1110 (2007), this recent decision appears to be a departure from previous NLRB decisions which the NLRB held that employees can have no statutoty rights to use their employer's email systems for section 7 purposes.
According to the California Chamber of Commerce, the NLRB decision will "...likely be challenged in federal courts." As the HRC receives more information, we will be sure to communicate it to you. At the moment, it may be reasonable to consider reviewing your current email communication policies to ensure there are no provisions which may limit or deny an employee's right to communicate, via the the company's email system (provided the employee has been given access), issues associated with their Section 7 rights.