Federal Communications Law Journal

Document Type


Publication Date


Publication Citation

52 Federal Communications Law Journal 777 (2000)


Cyberspace changed communication in the workplace. Now that employees are on employers' e-mail systems, union organizers can contact employees in the workplace, during working hours, without any of the obstacles that more traditional forms of union communication impose. Of course this new technologically-advanced labor organizing is ideal for the labor organizers, but it also interferes with the rights of employers. Which groups interests' prevail? Unfortunately there is no precedent. Normally, adherence to the National Labor Relations Board (NLRB) decisions is the answer but no case has come before the NLRB that solves this issue. Therefore, employers and employees are left wondering what uses of e-mail are permissible. This Note focuses on the next step the NLRB must take to bring labor law up to speed with technology and demonstrates, with guidance from the NLRA and previous NLRB and court decisions, that employees' personal use of company e-mail systems may be prohibited. This is the efficient and effective solution for both the employer and employee.