Employers' Right to Limit Employees' E-Mail Upheld

Since the introduction of electronic communications into the workplace, employers of both union and non-union workforces have sought to establish guidelines for employee use of company communications systems. This interest in establishing lawful limits on employee use has grown as the variety of available electronic communications has proliferated beyond e-mail to include Internet usage, blogs, podcasts, social networks and discussion boards. Many employers maintain policies governing employee use of those resources as well as voicemail, telephones, teleconferencing and other communications systems. These policies arise from concerns involving not only system security, but prevention of sexual harassment, eliminating non-productive use of work time and equipment, protection of confidential information and minimizing potential liability to third parties. Many employers have also been concerned about employee use of company-owned communications systems to engage in union organizing or advocacy, and have consequently sought to limit the use of company-owned resources like e-mail systems for those purposes.