Many, if not most, companies have policies and procedures in place for finding employee property, whether company issued or personal, in connection with workplace investigations. However, over the years the National Labor Relations Board (NLRB) has ruled that some guidelines in this area violate labor law. Good news for employers: The board of directors just passed a decision confirming a policy for searching for employee email and their personal vehicles.
The directive at issue in the present case states:
“To protect the company’s assets, provide excellent service, ensure a safe workplace, and investigate the misuse or abuse, [the company] monitors the use of [the company’s] Communication devices, computer systems and networks (including use of the Internet and business and personal web-based email accessed through [company] Devices or systems) as permitted by law. In addition and as permitted by law, [the company] reserves the right to review, monitor, and record use of all Company assets, communication devices, vehicles, systems and facilities provided by the Company, with or without notice, and to search or review all Company property and any other personal property at any time monitor (including vehicles) on company premises. “
In other words, the policy alerted employees that their company emails, as well as their personal belongings, including their vehicles, could be searched by employers. This policy is believed to have violated the National Labor Relations Act (NLRA), but the NLRB found it to be lawful.
When the board found the company had the right to search employee emails, it cited its own precedent stating, “Employers can lawfully monitor their computers and email systems for legitimate administrative reasons.”
The NLRB also stated that the search for employee vehicles was permissible and stopped: “[W]We reject the judge’s unsupported speculation that employees would not get involved [NLRA] Activity only because evidence of such activity could be discovered if their personal property or vehicle were searched. On the contrary, a sane employee would understand that the rule’s purpose is to “protect the company’s assets, provide excellent service, maintain a safe workplace, and investigate any misuse or access.”
This positive decision continues a positive trend for employers facing challenges for their HR policy before the NLRB. While companies should still carefully review their policies under the NLRA to ensure they are in line with the latest Board of Directors guidance, it is welcome news to have a little more flexibility in this regard.
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