Email Acceptable Use: Balancing the Needs of the Organization and the Need to Comply with National Labor Relations Board Rulings

Organizations strive to enact policies that protect intellectual property, including the reputation of their brand, and support a productive work environment, while at the same time respecting employee privacy and freedom of expression. Despite good intentions, organizations sometimes discover that their existing policies suddenly conflict with the legal system. Unexpected legal rulings can arise as authorities assess how technology changes the workplace. What is acceptable policy within an organization one day may be in violation of law the next. This paper examines National Labor Relations Board (NLRB) rulings regarding the use of email by employees for protected purposes such as union organizing and then presents an analysis of the implications of those rulings. Suggestions as to how policies and practices must evolve to meet the needs of the organization are made, while also complying with the NLRB's interpretation of employment law.