Steve Swirsky Quoted in “New Rules for Employee E-Mail Use? Labor Board Wants Input”

Bloomberg BNA Daily Labor Report

Steven M. Swirsky, Member of the Firm in the Employment, Labor & Workforce Management and Health Care & Life Sciences practices, in the firm’s New York office, was quoted in the Bloomberg BNA Daily Labor Report, in “New Rules for Employee E-Mail Use? Labor Board Wants Input,” by Hassan A. Kanu and Chris Opfer.

Following is an excerpt:

Workers may soon no longer have the right to use company email systems to discuss unionization.

The National Labor Relations Board today called for public input on whether to overturn a 2014 decision forcing businesses to allow workers to use company email for organizing purposes. Advocates for unions and businesses tell Bloomberg Law they expect the Republican-majority board to revert to an earlier policy generally allowing employers to ban workers from using company email for communications not directly related to their job duties.

“This is not a surprise,” Steven Swirsky, an Epstein Becker Green attorney who represents businesses in labor-management disputes, told Bloomberg Law. “What we’re talking about is property rights. An employer has multiple interests in making sure that employees are not misusing email and other communications systems.” …

Swirsky said the public notice also gives the board a chance to address the issue in a more comprehensive way.

“It’s probably a good thing to invite input because there are a lot of nuances in this issue,” he said. “If it works out, maybe we get a ruling that gives clearer guidance than you would get if it was just on the facts of this particular case.”