On December 11, 2014, the National Labor Relations Board (NLRB) issued a decision based on the Purple Communications case which supports the employee’s right to use an employer’s email system for non-business purposes, including discussions about union organizing or other protected activities.
For specifics on the case, use this link. You’ll see a lot of legal jargon that you might not know, much less can translate into what it means for your business or how you might change your human resource practices. In plain English, the decision makes it far easier for employees to engage in union activity at work, and it significantly limits an employer’s right to control its property and equipment.
If you’re a non-union company, then you might not think it affects you or your employees.
So why should you care if you’re non-union?
Under Section 7 of the NLRA, it protects the rights of both union and non-union employees.
How does the Purple Communications decision affect my business?
This decision only affects those employers who already allow employees access to email communication. You do not have to grant access to employees who currently don’t have it.
In addition, you cannot restrict employees who have access to your email system from using email to communicate with co-workers regarding workplace concerns during non-working hours; you can justify a blanket ban on non-work time use of email if you can demonstrate this would negatively affect production; you can enforce controls over your email system such as not allowing audio/video segments if you can demonstrate this would interfere with the system’s function; and you can still monitor your employees’ computers and email communication for legitimate management reasons.
Does the Purple Communication decision change my HR policies and procedures?
Have either your in-house HR person or your outsourced HR firm evaluate your current email communication policies, and consider the following:
- Review or create any policies concerning the use of and access to email in order to comply with the new ruling.
- Notify all employees that the company reserves and exercises its right to monitor and review all communications and attachments that are sent from or received on its email systems both internally and externally.
- Establish standard email monitoring procedures to ensure that there is no appearance that you are targeting protected activities or union activities
Wheww – sounds like a lot – but not to worry! If you have questions or need assistance in implementing any
changes in your email policy, please call us at 913-940-5391. One of our experienced HR experts can offer smart advice.