Most employers have policies against personal use of the company’s e-mail system, but rarely enforce them strictly. That could cause problems in cases where the employer does decide to take action.
In one recent court case, a newspaper employee also serving as union president was disciplined by her employer after sending an e-mail to her co-workers regarding a union meeting. The employer’s handbook said company e-mail was not to be used for any “non-job-related solicitations.”
Several months later, the employee sent two more e-mails about union events. She was disciplined again.
After that, the union took the company to court. The charge: Employees were routinely allowed to send e-mails regarding other solicitations, such as selling sports tickets and other items, and recruiting volunteers for charity events. Therefore, the union claimed, the enforcement of the policy was biased.
The court agreed and ruled for the union. The judge pointed out that policies against using company property for solicitations are OK — but only when they’re enforced consistently.
Companies can’t bring the hammer down on union-related e-mails while letting other violations slide.
Cite: Guard Publishing Co. v. National Labor Relations Board
