NLRB Decision on Email Protects Workers' Right to Organize in 21st Century Workplace

The NLRB ruled that workers have the right to use their work email accounts during non-work hours to discuss workplace issues in a case involving TNG-CWA members, who are American Sign Language interpreters at Purple Communications.

"With this decision, the NLRB has taken a major step forward to make sure workers' rights to organize are protected in the 21st century workplace," Guild President Bernie Lunzer said.

The Board ruled that employees are presumptively entitled to use their work email outside of work to talk to each other about workplace issues, unless an employer can show special circumstances to justify restrictions on that use.

In its decision, the NLRB recognized that email has become a critical means of communication about working conditions and other issues. Email has become a "natural gathering place" for many workers, much in the same way the worksite cafeteria is or once was. The NLRB has taken seriously the need to "adapt the (National Labor Relations) Act to the changing patterns of industrial life," especially in light of the pervasiveness of email and the growing use of telework.