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An Inside Look at the NLRB's New E‐mail Rule
Author(s) -
DeMaria Alfred T.
Publication year - 2015
Publication title -
management report for nonunion organizations
Language(s) - English
Resource type - Journals
eISSN - 1530-8286
pISSN - 0745-4880
DOI - 10.1002/mare.30031
Subject(s) - presumption , work (physics) , labor relations , business , control (management) , law , public relations , law and economics , political science , economics , management , engineering , mechanical engineering
In its December 11, 2014, ruling in Purple Communications , 361 NLRB No. 126, the National Labor Relations Board has established a presumption that during nonwork time employees may access their employer's e‐mail systems for self‐organizing and other nonbusiness purposes, including discussions of and complaints about terms and conditions of employment. The NLRB's theory is that e‐mail in today's work environment is similar to the old “water cooler” of days gone by where employees gathered to chat, or equivalent to the break room where employees are free to discuss any topic, including union organization. The ruling finds that employees' right to use the employer's e‐mail system for these purposes outweighs the employer's right to control its own property interest in the equipment.