Mr. Kim, CEO of a company, tends to meet most requests from the trade union if they are reasonable. However, Mr. Kim discovered that the union has been uploading its promotional materials on the company intranet, and using the intranet e-mail for union activities. Mr. Kim therefore blocked access to the union website through the intranet during business hours and banned posting of promotional materials on the intranet. Now the trade union is declaring that the ban on using the intranet for union activities is unfair labor practice. How should Mr. Kim deal with the situation?
Most companies these days post announcements, approve documents using electronic signatures, and share information through company intranet e-mail or messenger systems. Companies tend to invest significantly in their intranet to enhance protection of confidential information and more security in programs.
Intranets are closely related to a company’s work. Not only are they becoming more significant, but they are also considered company property and company facilities. This means that using the intranet for union activity may not be consistent with its originally-intended use and purpose. Herein we will review if Mr. Kim has violated the trade union’s rights.
Rights to manage facilities and fair trade union activities
A company’s right to own and manage facilities related to production or other important business is called the ‘right to manage facilities.’ In other words, this right enables companies to autonomously decide how their facilities will be used and managed. This right should be protected since it is based on management rights and property rights. Union activity is therefore only allowed within boundaries that do not violate the right of the company to manage its facilities.
Workers are allowed to use these facilities within the scope of work-related issues. It is natural that the use of facilities for things unrelated to work should be restricted. Trade union activities can primarily be done outside of the company, and outside business hours. A balanced interpretation of the above-mentioned rights is required since a trade union using company facilities for its activities conflicts with them.
How can limits on use of company facilities be determined?
The company’s consent is the standard. Union activities can be carried on during business hours if the collective agreement or the Rules of Employment allow it. Existing labor practice or permission from the employer also makes it possible to carry out these activities during business hours. However, unions must still follow regulations that respect the company’s right to manage its facilities. It is common sense that workers should perform their duties in good faith under the employment contract, even if this means they carry out union activities after their work hours, and outside company premises.
Changes in union activities
In order to organize and expand a trade union, members engage in various types of promotional activities. Distributing or posting printed materials has been the common way. However, this has been changing to website advertising through intranets, blogs etc. with advanced telecommunication systems. This change can create a new type of conflict, as demonstrated in Mr. Kim’s situation.
- Blocking intranet access to trade union websites
An increasing number of employers block workers from accessing game, gambling, stock, and peer-to-peer (P2P) file sharing websites through the company intranet. This is designed to focus workers on their work, increase efficiency during work hours, and prevent classified information leaks or computer virus infection.
Since workers have an obligation to honestly provide labor during work hours, banning such access during those hours is considered a reasonable action based on the right of companies to direct work and manage their facilities.
Nevertheless, computers are essential to work these days. Blocking access to the union website during recess periods or after work hours can be considered interference with union activity. As the courts have ruled that completely blocking access to union websites is unfair, allowing access outside of work hours is advised to minimize disputes.
- Posting and sending promotional materials through intranet
Distributing promotional materials, posting on walls and other types of traditional promotional activities differ from promotion via the intranet or other telecommunication networks. Due to the characteristics of an intranet, promotion is meant to be done repetitively, and using intranet is very different from the traditional method in terms of using facilities. Many companies restrict trade unions from using their intranets. Juridical precedent also indicates that trade unions should have employer consent before using the intranet, and that it is reasonable to place certain restrictions on its use.
What can affect the legitimacy of a company’s restrictions?
As telecommunication technology develops, union activities have become easier to perform through mobile phones and the Internet, without need for the company intranet. In particular, there exist many other alternatives for promotion of union activities such as through group chats on mobile phones, blogs, and social networking services. Since these methods are more convenient and easier to access than the company intranet, it is reasonable to restrict unions from sending promotional e-mails or promoting themselves via the intranet.
As is demonstrated in Mr. Kim’s situation, using work intranet for non-work purposes is not appropriate. Mr. Kim can clearly state conditions for that use to the union, and take disciplinary action according to the collective agreement or the Rules of Employment against violations of those conditions.
Online systems and other issues
On the other side, active use of online systems such as company intranet or websites requires companies to exercise caution as well. Of course companies have the freedom to express their views. Making statements such as announcing certain facts, stating an opinion regarding union activities, or explaining current business situations etc. is a guaranteed freedom of speech.
However, the possibility of unfair labor practice still exists if freedom of speech is infringed upon, such as by a company posting announcements that threaten unions with disciplinary measures or disadvantages, or if the announcement threatens union autonomy. Companies need to give the appropriate level of attention to this matter.
Moreover, companies are not advised to intervene in online union communities, or discriminate between unions at multiple union workplaces regarding their use of company intranet.
The importance of company intranets will increase in the future. It is time to indicate that the intranet is a company facility, and set a standard for frequency and purpose for using it. Of course dialogue with trade unions is essential when setting these standards to reflect business circumstances and the changing times.