NLRB Is Taking New Look at Restricting Workers' Electronic Communication

Republicans on the National Labor Relations Board (NLRB) have requested briefs in a case that revives a debate over employee use of corporate email to discuss union-related activity, reports the National Law Journal . Management-side attorneys argue that employers should not be forced to support electronic forums that permit messages they conflict with. There are indications that such a policy could go beyond email. In a notice requesting input, the NLRB stated it was "inviting comments on the standard it should apply to evaluate policies governing the use of employer-owned computer resources other than email." AFL-CIO Associate General Counsel Matthew Ginsburg contends email communication on corporate systems should be safeguarded under Section 7 of the National Labor Relations Act. "Whatever rule the board sets should apply to any employer-provided communication forum employees use to communicate about nonwork topics," he says. Ginsburg also warns any attempt by the NLRB to curb union discussions on work email platforms "will invite a slew of discrimination cases. Having to litigate in every case whether the employer permits email discussion of nonwork topics other than unions isn't good for anyone. That's why the current bright-line rule with its exception allowing an employer to show that the rule shouldn't apply to it makes such good sense."