Skip to main content

NLRB: No Section 7 Violation Occurs When Employer Prohibits Use of Company Email For Union Related Activity


T-Mobile USA, Inc - NLRB


Facts:  Chelsea Befort (“Befort”), an employee of T-Mobile, sought to use her company email to communicate with her 595 coworkers and encourage them to join a union.  However, T-Mobile implemented a new workplace policy that employees could not use their company email for certain purposes (including the purpose in which Befort intended.)  Issues arose thereafter over whether T-Mobile’s policy ran afoul of Section 7 of the National Labor Relations Act (“NLRA”).

Analysis:  The NLRB recognized that a prior decision from 2014, Caesars Entertainment, held that “an employer does not violate the Act [NLRA] by restricting the nonbusiness use of its IT resources absent proof that employees would otherwise be deprived of any reasonable means of communicating with each other, or proof of discrimination.”  In this case, the facts in the record showed that T-Mobile’s employees had the ability to verbally converse about the union, exchange Union related material in non work areas, and utilize their own phones and personal emails to communicate about the union.  Based upon this evidence and in accordance with the precedent established in Caesars Entertainment, the NLRB found that Befort’s Section 7 rights were not infringed upon and no violation of the NLRA had occurred.

The Takeaway:  Straight forward matter?  Perhaps. Surprising decision from a pro-employer iteration of the NLRB?  Not really.  With that out of the way, this decision serves as an important reminder of how a prior NLRB decision can have a tremendous impact on subsequent matters.  As Caesars Entertainment had set forth, Section 7 rights will not be violated so long as employees have other forms of communication available.  Had Caesars Entertainment not existed or had this been a more labor friendly iteration of the NLRB, this could have gone the other way.  However, I suggest readers keep in mind that for the time being, these employer friendly decisions will likely continue.

Date:  May 27, 2020

Order:  https://apps.nlrb.gov/link/document.aspx/09031d458310a066

Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...
Post a Comment
Read more

San Diego Rolls Back Vaccine Mandate For City Workers

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations
Post a Comment
Read more

NLRB: Former Employee Cannot Be Barred From Work Premises After Filing Wage Suit

MEI-GSR Holdings, LLC - NLRB Facts :  MEI-GSR Holdings, LLC d/b/a Grand Sierra Resort & Casino ("GSR") operated a facility that included a hotel, casino, restaurant, clubs, bars, and a pool which were all open to the general public.  Tiffany Sargent ("Sargent") was briefly employed by GSR as a "beverage supervisor" in December of 2012.  After her employment ended, Sargent continued to socialize at one of the clubs.  GSR had a long standing practice of allowing former employees to patronize its facility and did not prohibit Sargent from doing so.  In June of 2013, Sargent and another employee filed a class and collective action against GSR for alleged unpaid wages, in violation of the Fair Labor Standards Act and Nevada law.  In July of 2014, GSR denied Sargent access to an event at one of the clubs.  GSR followed up with a letter and stated that with the on-going litigation (from the wage suit), it decided to bar Sargent from the premises. ...
1 comment
Read more