Is E-Mail Written or Oral Communication?
Another important issue that arises with unions and the use of e-mail is whether it is technically a written or oral form of communication. The NRLB divides protected union activity into two categories: oral solicitation or written distribution. Oral solicitation, i.e. workers speaking to other workers, may occur anywhere on the business premises, but only during non-work hours. Written distribution is limited to non-work areas during non-work times, unless workers have no reasonable access to a non-work area. Written union literature may only be distributed in areas such as the parking lot, break room or the cafeteria, and only during non-work hours. Because written items such as fliers and papers are permanent, the NLRB reasoned that employees could save the material and read it later. So where does e-mail fit? An e-mail can be viewed as either an oral or written communication, depending on your definition. An e-mail can be responded to immediately, creating a back-and-forth dialogue
