Sunday, December 23, 2007
Adjunct Prof discussed this decision here. As discussed, majority held that employees have no right to utilize an employers email system and its not discriminatory to prohibit e-mails concerning union matters while allowing employees to use e-mails for other non-work related purposes. Members Liebman and Walsh dissented and reasoned in part that email has transformed the workplace.
The dissent reminded me alot of Member Liebman's recent law review article, "Decline and Disenchantment: Reflections on the Aging of the National Labor Relations Board", 28 Berkeley J. Labor and Employment Law 569 (2007) which Adjunct Law Prof Blog discussed here. Member Liebman cited many of the same cases and her premise in both her article and her dissent was the same; namely that the NLRB is an aging agency that has not kept up with the modern workforce.
MItchell H. Rubinstein