Oregon Law Review : Vol. 88 No. 1, p.195-254 : Employees on Guard: Employer Policies Restrict NLRA-Protected Concerted Activities on E-mail
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Date
2009
Authors
O'Brien, Christine Neylon
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon Law School
Abstract
This Article explores the issues relating to policies that cover use
of company equipment and systems, especially restrictions on e-mail,
and how these policies may be legally problematic if they interfere
with the National Labor Relations Act, which governs the right,
among others, to engage in union activities. This Article focuses
upon the significance of the NLRB’s Register-Guard I decision, the
legal basis and sources cited by the majority in support of its decision,
the arguments of the dissenting members, and the General Counsel’s
recent applications of the majority’s discrimination standard in
Register-Guard I. Why the Board’s decision in Register-Guard I was
appealed and restricted is discussed, taking into account precedent
under the NLRA and the current status and uses of e-mail.15 This Article questions the legality of workplace communication systems
policies that permit non-business uses of communications systems yet
also prohibit concerted activity and union-related communications
among employees. The distinctions appear to be based upon
disfavored content, involving protected concerted activity, rather than
legally relevant distinctions that pertain to legitimate business
reasons. The Article concludes that the NLRB needs to modernize its
rules to embrace the realities of electronic communication and
suggests a standard for balancing employees’ NLRA rights with
employers’ legitimate business reasons relating to production,
discipline, or other modern-day equivalents.
Description
60 p.
Keywords
United States. National Labor Relations Act, National Labor Relations Act, Electronic mail messages, Email, E-mail