Workplace Rights

  1. All employees have a Section 7 right to discuss (or "solicit") union activity during non-working hours and to distribute Guild material during non-working hours and in non-working areas unless there is a compelling business reason to justify time and place limitations. An employee may not be disciplined or discharged for soliciting other unit members during non-working hours or for distributing union materials during non-working hours and in non-working areas.
  2. While an employer may limit solicitations or distributions during working time, it may not do so for discriminatory reasons.
  3. E-mail communications regarding Guild matters may be sent and read during paid non-working hours, typically defined by past practice. To ensure that union e-mail is read during non-working time, Guild members should consider noting in the "re:" area of the e-mail that the communication regards union business and should be opened and read during non-working time such as breaks.
  4. An employer may not ban all non-business or personal e-mail use, which would by implication prohibit protected communication during non-working time. Put another way, an employer may not limit use of its computer systems to business purposes.
  5. In no circumstance may an employer act unilaterally in issuing an e-mail communications policy. At the very least, the employer must bargain with the Guild. Arguably, the employer could not take the issue to impasse and could not implement such a policy without Guild consent.
  6. The union generally cannot bargain for a waiver of employees' Section 7 rights to communicate on matters pertaining to the selection and evaluation of a collective bargaining representative and issues involving terms and conditions of employment. Thus, a Guild local generally cannot agree to a total ban on employees' e-mail communication rights, even in exchange for other concessions.
  7. The Guild may contractually restrict its right to electronically distribute institutional literature such as meeting notices, social calendars, dues collections and membership material. It is unclear whether it may also negotiate limitations on its own ability to communicate with unit members about matters affecting their employment, such as electronically distributing bargaining briefs. Given the absence of clear case law, we recommend that bargaining briefs and other electronic transmissions be sent by a unit member to fellow employees.
  8. As this is a rapidly evolving area of law, TNG recommends that all Guild locals review both existing and newly proposed communications and computer use policies-regarding electronic and other forms of communication-to determine whether any statutory rights are being compromised. Locals should call Marian Needham at 202-434-1270; or at mneedham@cwa-union.org.