WASHINGTON, D.C. – In a decision that will surely raise the ire of many employers toward the union-dominated National Labor Relatons Board, on December 10th, the Obama-NLRB issued a decision giving employees the right to use employers’ email systems for non-business purposes–including union organizing.

“A divided National Labor Relations Board held Thursday that workers have a right to use their employers’ email systems for nonbusiness purposes,” wrote Law360, “including communicating about union organizing, overruling the labor board’s 2007 Register Guard ruling and calling it “clearly incorrect.”

In its decision, the NLRB wrote:

Consistent with the purposes and policies of the Act and our obligation to accommodate the competing rights of employers and employees, we decide today that employee use of email for statutorily protected communications on nonworking time must presumptively be permitted by employers who have chosen to give employees access to their email systems.

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Practically speaking, outside union organizers would not be entitled to access employers’ email systems. However, unions often use internal organizers (employees) or “union moles” as their front people during union organizing campaigns.

As a result, it is conceivable for unions to pass along union propaganda to its internal organizers or union moles to disseminate to an employer’s workforce.

Whether or not the NLRB’s decision will stand up to an appeal in Federal Court remains unknown.

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