8 ms·
I agree that organizing is a workplace activity. But if that’s the case, why should companies be allowed to prohibited it on corporate IT? What other job-relate
by NovemberWhiskey 7y ago
I agree that organizing is a workplace activity. But if that’s the case, why should companies be allowed to prohibited it on corporate IT? What other job-related activities are outright banned on company-provided equipment?
It's a workplace activity; but it's not a business activity. By definition, companies are allowed to make rules about employee conduct and, in most cases except workplace safety/conditions, restrict activities that are not business-related when employees are working.
Imagine a company has a policy that says "company mobile phones can only be used for business purposes". So if you're making a sales call or rescheduling a meeting, that's fine - it's a business purpose.
On the other hand, chatting with colleagues about plans for the weekend would not be permitted; nor would calling overseas relatives and so on.
The NLRB has always held that if a company had such a policy on telephone usage then it was also acceptable to restrict the use of that company mobile phone for union organizing purposes. That is because the policy is non-discriminatory.
If the policy said, on the other hand, "company mobile phones should be used primarily for business purposes but reasonable personal use is permitted, but you cannot use the phone for labor organization purposes", then that policy would not be acceptable because it's discriminatory.
The question is whether policies are discriminatory in treating labor organization less generously than other non-business usage.
The case in 2014 created a special case for email, where even if the employer didn't permit non-business use of email, then they still had to permit use for labor organizing. The recent decision simply undoes that special case and puts email back on the same footing as (e.g.) company telephones.
Given Google seems to have a vastly permissive policy on the use of company IT, it seems very unlikely they'd ever be able to restrict use of that same company IT for labor organization purposes; and there is nothing in this ruling that suggests otherwise.