Digital world muddles labor laws By K. Oanh Ha, Mercury News
Union organizers used to hand out leaflets in the cafeteria or on the factory floor. Today, they try to pass them out in cyberspace. It's a change that could reshape decades-old labor laws.
The issue is highlighted in a case before the National Labor Relations Board involving Agilent Technologies. In a complaint now being investigated by the NLRB, an Agilent worker alleges the company violated federal labor laws when it prevented him from using its electronic newsletter to unionize co-workers.
At the heart of the debate is whether a pro-union notice on a company's electronic newsletter is any different than a leaflet posted on a bulletin board in a cafeteria.
The NLRB has previously ruled that the act of sending a message via e-mail is as protected as tacking a memo to a physical bulletin board. But the Agilent case raises other gray areas such as: What is company property in a networked, global workplace? What constitutes work and non-work time in an always-on digital world?