At Will but based on my research of several presentations to management and readings of cases it appears to me that I may have a case. My use of the electronic system per my research:
For employers, this decision illustrates the risks associated with allowing employees to use employer-provided technology for non-work purposes. By allowing such use, employers may lose their ability to rely upon Register Guard to discipline employees who use employer technology for non-work purposes.
First, the Board ruled that portions of Electronic Communications and Technology Policy violated the NLRA. The policy at issue stated, “[e]mployees should be aware that statements posted electronically […] that damage the Company, defame any individual or damage any person’s reputation, or violate the policies outlined in the [Employee Agreement], may be subject to discipline, up to an including termination of employment.” Id.at *4-*5. The Board reasoned that this violated the NLRA because employees could interpret the communications policy as prohibiting protected union activities.
My research shows:
with the prevalence of electronic messaging and social media in companies today, non-union employers should reevaluate their communications policies to ensure that they are not violating the NLRA with an overbroad policy. Even where no union is present, employers can commit unfair labor practices by maintaining electronic communications policies that could inhibit potential union activity.1