Employer E-Mail Policies and the National Labor Relations Act: D.C. Circuit Bounces Register-Guard Back to the Obama Board on Discriminatory Enforcement Issue

Labor Law Journal, Vol. 61, pp. 5-14, 2010

11 Pages Posted: 4 May 2010

See all articles by Christine Neylon O'Brien

Christine Neylon O'Brien

Boston College - Carroll School of Management

Date Written: May 4, 2010

Abstract

This lead article addresses important questions regarding the extent to which employers’ proprietary rights in the communications systems can trump employees' rights to use the systems for organizational purposes in cases where the employers' policies lack consistent enforcement in this regard. The author details the National Labor Relations Board’s and circuit court’s opinions on employer power to limit access to communications systems and notes the troubling persistence in the lack of clarity in this area. Observing that email is now migrating to smartphones and beyond, the author recommends comprehensive revisions in this area to address the fundamental questions of employees’ organizational and personal time rights during worktime.

Suggested Citation

O'Brien, Christine Neylon, Employer E-Mail Policies and the National Labor Relations Act: D.C. Circuit Bounces Register-Guard Back to the Obama Board on Discriminatory Enforcement Issue (May 4, 2010). Labor Law Journal, Vol. 61, pp. 5-14, 2010 , Available at SSRN: https://ssrn.com/abstract=1600386

Christine Neylon O'Brien (Contact Author)

Boston College - Carroll School of Management ( email )

140 Commonwealth Avenue
Business Law Department
Chestnut Hill, MA 02467
United States
(617) 552-0413 (Phone)
(617) 552-0414 (Fax)

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