by Michael J. Canavan, Pepper Hamilton LLP, Princeton
Employers beware! Do your personnel policies—or how you enforce them—violate the National Labor Relations Act (NLRA)? The answer may surprise you, especially if you operate in a union-free environment.
Earlier this year, the National Labor Relations Board (NLRB) heard oral arguments in a case that will determine whether employees have the right to use their company’s e-mail system, or other communications-based systems, to communicate with each other regarding union matters and terms and conditions of employment.
Stop the … e-mails!
An administrative law judge (ALJ) held in 2002 that The Guard Publishing Company, which publishes The Register-Guard newspaper in Eugene, OR, could not enforce its communications policy to prohibit employees from e-mailing each other concerning union issues. The Eugene Newspaper Guild filed the unfair-labor-practice charge.
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