The Impact of Employer E-Mail Policies on Employee Rights to Engage in Concerted Activities Protected by the National Labor Relations Act

Abstract

The author considers how employer policies impact employees’ rights to engage in concerted activities protected by the National Labor Relations Act. In reconciling the competing interests of employers, employees and organized labor, the National Labor Relations Board and the courts weigh proprietary interests in relation to organizational rights. The author cites a number of employer email policies as well as recommendations from the Board’s Division of Advice. The author proposes guidelines for employers and suggests that courts and the Board could create some useful policy guidance in this practice area.