NLRB May Clear A Path For Union Activity On Employer Email

Charles Caulkins, a partner in the Fort Lauderdale office, was quoted in the August 20 Employment Law360 article "NLRB May Clear A Path For Union Activity On Employer Email." The article reported on a long running case concerning a grocery company's ban on handbill distribution by union agents at two of its stores. Not allowing the communications allegedly violated the National Labor Relations Act because the company allowed similar activity by nonunion entities, like the Red Cross and the Girl Scouts. Charles said the decision in this case, which he expects will be made before the November presidential election, will likely tackle the email issue and expand workers' rights to use their employers' systems for union activity. "Employers will then be faced with the dilemma of absolutely banning all personal use of their email system or otherwise permit mass emails containing commercial solicitations, including pro-union mailings."