Public Employee Press

Board overturns DEP ban on union e-mail

The Board of Collective Bargaining ruled in November that the Dept. of Environmental Protection violated the city Collective Bargaining Law when it prohibited workers from using office computers and technology for union-related activities.

DEP issued the policy after receiving two complaints in 2007 and 2008 that members of Civil Service Technical Guild Local 375 were using DEP e-mail to communicate about union elections. The agency's original policy allowed employees to use computers and e-mail for personal business, but an August 2009 directive said they "should not be used in connection with any union activity."

DC 37's Research and Negotiations Dept. immediately challenged the policy and called for labor-management meetings. DEP was unresponsive and in December 2009, the union's Legal Dept. filed improper practice charges. DC 37 Attorney Ximena Naranjo argued that by specifically targeting union activity, DEP had violated the bargaining law.

Although the city defended its right to unilaterally regulate and restrict use of its property, DC 37 successfully argued that DEP's "blanket prohibition impinges on members' rights to form, join or assist public employee organizations and to bargain collectively."

Basing its decision on a recent National Labor Relations Board ruling against a private-sector company's interference with union activity, the board sided with the union and said DEP's action constituted an unlawful and unfair labor practice.

In its unanimous 7-0 decision, which included BCB's city members, the board ordered DEP to rescind its memorandum and post notices of the decision for 30 days at worksites.

"While some agencies do not allow non-work-related use of e-mail, the decision means that agencies that do cannot single out and prohibit union communications," said General Counsel Mary O'Connell.