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E-Mail at Work (1997)During the past 10 years, electronic mail has become an essential tool in the workplace. The Electronic Messaging Association (EMA) reported in 1991 that there were an estimated 8 million e-mail users in North America. Today EMA estimates that there are nearly 50 million users and the numbers will continue to increase dramatically for years to come. This new workplace tool raises several issues of concern to employees and to unions. E-mail use policies which establish acceptable conduct for employers and employees, particularly with regard to employee privacy concerns, are in the best interests of both parties. Union access to e-mail for union business is an effective way to keep members informed and involved. E-mail can supplement or replace the union bulletin board, newsletters, leaflets and other forms of communication in many worksites. Employees and E-Mail
One survey reports that in spite of the rapid growth of e-mail, only 10 to 36 percent of employers have e-mail use policies. On the other hand, NIOSH reports that 26 million workers are subject to electronic monitoring, including searches of e-mail and voice mail files. The application of current federal and state laws and regulations to appropriate use of e-mail remains unclear and untested. Most contracts do not address the subject either. Grievances and arbitrations concerning appropriate e-mail use, e-mail monitoring and employee privacy are on the increase. Employees think of their e-mail messages just like regular mail — personal and private property. They do not realize that even though they enter a password and may even mark mail personal or confidential, e-mail messages are not private in any sense of the word. E-mail can be intercepted and read by anyone with access to the computer network and some knowledge of the system. E-mail messages, even ones deleted by the employee, are often stored in central computer files for long periods of time. Employers view e-mail, created on their time and with their equipment, as their property. They feel justified in monitoring e-mail use to control their workplace and to protect against theft, crime and lawsuits. The union should find out whether their employer has an e-mail use policy. If there is a policy, it should be carefully analyzed to ensure that members’ rights are protected and that it complies with applicable laws. If not, they should negotiate sensible policies E-mail policies should protect employee privacy, maintain a productive workplace, and provide for adequate system security. Monitoring of e-mail messages should be prohibited without the expressed permission of the employee. Where possible, policies should provide for recourse to the contract’s grievance and arbitration provisions. Any pre-existing policies on general privacy rights, in employee handbooks for example, should be considered when formulating an e-mail policy. According to Bargaining Chips, a Communication Workers of America/Newspaper Guild newsletter, The Newspaper Guild and the St. Paul Pioneer Press negotiated the following: "To ensure productivity and good morale, the Pioneer Press affirms that users of electronic mail and voice mail systems shall have a zone of privacy ..." The employer can still view e-mail or voice mail if there is reasonable cause, e.g., a lawsuit against the company, suspicion of a crime, or a need to perform work when an employee is absent, provided that there is no other way to secure the information being sought for review. The policy then outlines steps that must be taken before the review, including putting the reason in writing, having it reviewed by a senior manager, and presenting it to the employee. The company also acknowledged that any discipline resulting from enforcement of the policy would be subject to the contract’s just and sufficient cause standard. The Union and E-Mail
Check your contract. You will no doubt find a "Bulletin Board" clause. These clauses vary from single sentences to complex multi-sectioned treatises. However, their intent is the same: The employer will provide space for the union to communicate union business with members regarding the results of elections, meeting times, recreational or social affairs, reports of union committees, etc. Nothing posted may be libelous, obscene, or defamatory. Union use of e-mail should be no different. E-mail is a powerful tool for communicating with members. It can be particularly useful during contract negotiations and union organizing drives. In a recent decision, the National Labor Relations Board ruled that if an employer allows employees to use an e-mail system for non-business related messages, it is an unfair labor practice to deny access to the union. A few contracts have addressed union e-mail use. Recently, the Ohio Civil Service Employees Association/AFSCME Local 11, negotiated the following provision:
The Local 101 (California Council 57) memorandum of understanding with the Santa Clara Valley Water District provides:
The Future
An e-mail use policy is in the best interests of employees and employers alike. As technology progresses, it will become easier to monitor everything an employee does. A good e-mail use policy is one step to make sure that the workplace doesn’t turn into an "electronic sweatshop." Intrusive monitoring does not foster trust or promote cooperation and teamwork. E-mail, along with the Internet, will become an increasingly important tool for union strength and solidarity. The power of these electronic networks should not be underestimated. For assistance with e-mail policies, contact the Department of Research and Collective Bargaining Services call 202/429-1215.
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