While the federal labor board’s recent ruling on company email use in T-Mobile USA Inc. didn’t do much to change the employer-friendly legal standard, it did offer a roadmap for what the liberal majority might do next.
The National Labor Relations Board found T-Mobile unlawfully disciplined a worker for sending a pro-union email, enforcing its nonwork communications policy “selectively and disparately” in a way that impeded workers’ union rights. The board took up the case at the behest of a federal appeals court in Washington, which last year ordered it to reconsider its 2020 ruling in favor of the company, decided by a then-Republican majority.
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