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E-mail & Unions: NLRB to Address Access to E-mail During Union Organizing Campaign
With the United States economy still struggling to regain its footing, many unions see this period of economic, and employment, instability as an opportunity to sway employees to seek the 'protection' of union membership. Recent reports indicate that labor union organizing efforts are on the rise nationally. Furthermore, as unions focus on improving their campaign strategies, the average rate of union victory has increased slightly. Many employers are finding themselves in the midst of fierce union organizing campaigns, the outcomes of which could impact the continued viability of the companies.
With so much at stake, employers and unions alike are looking for the most effective means of communicating their respective messages. In today's technologically advanced workplace, e-mail has become a prime target. E-mail is quick, cheap, and can reach mass audiences with minimal effort.
Traditionally, company-owned e-mail systems have been considered off limits during organizing campaigns so long as the company maintained and enforced a non-discriminatory policy. For example, so long as the company maintained a business-only policy, it could prevent non-business related communications such as those in support of a union's organizing efforts. However, a National Labor Relations Board (NLRB) administrative law judge (ALJ) recently issued an opinion that could change the generally accepted guidelines regarding e-mail.
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