The NLRB ruled in The Guard Publishing Company, dba The Register Guard that employers may enforce a policy that prohibits employees from using employer email for "non-job-related solicitations" (including union organizing efforts), so long as they do so in a non-discriminatory manner. The Register Guard, a newspaper, gave an employee two warnings for sending emails supporting a union. The employee filed an NLRB complaint alleging that the newspaper's policy was unlawful, and that, in practice, the newspaper allowed employees to send non-work related emails. The Board found no evidence that the newspaper permitted emails urging support for other groups or organizations, although the newspaper did permit personal use of the email system for birth announcements, ticket offers and the like. Such personal use did not translate into a license to use the newspaper's email system to express union support. To avoid claims of discriminatory enforcement, employers must uniformly enforce the policy and prohibit email solicitation for any group or organization such as charities and/or political causes.
Register now for your free, tailored, daily legal newsfeed service.
Questions? Please contact email@example.comRegister
NLRB prohibits use of work email for union organizing
Popular articles from this firm
If you would like to learn how Lexology can drive your content marketing strategy forward, please email firstname.lastname@example.org.
Related topic hubs
Association of Corporate Counsel
”ACC Newsstand is another useful, tailored and easily accessible resource that coincides directly with our focus on saving ACC members time, money and effort.”