NLRB allows employer searches of workers' cars and use of communication devices

Employers may search employees' personal property, including their vehicles, when on company premises, the National Labor Relations Board (NLRB) recently ruled. The NLRB also affirmed employers may monitor employee activity on company-issued communication devices, computer systems, and networks. The significant decision continues to show how difficult it is for unions to win work rule cases under the Board's recently adopted Boeing standard.

Facts and findings

Verizon Wireless' work rule read:

In order to protect company assets, provide excellent service, ensure a safe workplace, and to investigate improper use or access . . . Verizon reserves the right to inspect, monitor and record the use of all company property, company provided communications devices, vehicles, systems and facilities—with or without notice—and to search or monitor at any time any and all company property and any other personal property (including vehicles) on company premises.

The administrative law judge (ALJ) who first heard the case found the rule was facially invalid under Lutheran Heritage. The earlier case set a standard that certain rules were unlawful if they could discourage employees from engaging in activities protected by Section 7 of the National Labor Relations Act (NLRA) because, for example, they feared searches would lead to evidence of the activity, such as union authorization cards.