Whether employers like it or not, most employees use their office computers for a lot more than work—they send e-mail to friends, shop in online stores and personalize their computer screens with customized wallpaper and screen savers. It’s largely up to an employer to decide how much freedom to give employees in these areas. But a new case points out that employers need to use special caution if they restrict employees from displaying pro-union messages on the computer.
Employee Written Up For Union Activity
The intensive care unit of St. Joseph’s Hospital in Tampa, Fla., contained a nurse’s workstation for every two beds, with a computer at each station. The hospital allowed ICU nurses to display personalized screen savers on their computers, and some contained statements such as “Maine Nurse,” “Eat At Joe’s” and “Be Positive.”One morning, shortly after a union organizing campaign began at the hospital, ICU nurse Patricia Elalem programmed a screen saver that said “Look for the U.” Elalem explained that she intended “U” to stand for “union.”
Later that day, supervisor Lynn Kelly gave Elalem a verbal warning for union activity. A record of the warning was also placed in Elalem’s file. It stated that Elalem had been advised that bulletin boards and screen savers were hospital property, and that it was inappropriate to post pro-union messages on hospital property or while on hospital time.
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Other Messages Allowed
Kelly had never warned other employees about screen savers. And although she previously told one employee to change a screen saver that said “Out to Lunch,” she didn’t issue him a warning. However, after disciplining Elalem, Kelly told the ICU nurses that they couldn’t personalize their screen saver messages. Nevertheless, nurses continued to display personal screen savers, and Kelly issued no further warnings.
The union went to the National Labor Relations Board. It complained that disciplining Elalem for having a pro-union screen saver amounted to an unfair labor practice, considering that the hospital permitted other types of screen savers. The hospital argued that the warning was justified because supervisor Kelly was concerned that patients’ families who saw Elalem’s screen saver might believe the nurses’ minds weren’t on patient care.
NLRB Sides With Union
The NLRB ruled that the hospital violated federal labor relations law. The board said that it was clear from the warning’s wording that Elalem was disciplined for her screen saver’s union content. What’s more, that supervisor Kelly never disciplined other employees for displaying personal screen savers illustrated that Elalem was singled out because of the pro-union message.
The board also rejected the hospital’s argument that Elalem’s union-related screen saver was inappropriate in a hospital, where an “atmosphere of serenity” is desired. According to the board, the hospital didn’t show how other screen savers—with messages such as “Go Buccaneers”—did not interfere with the atmosphere while “Look for the U” did.
How To Avoid Anti-Labor Allegations
This case highlights that if you allow employees to express themselves on their computers, you can’t make an exception for pro-union sentiments. Keep these points in mind:
- Be consistent. You’re within your rights to ban all non-work-related screen savers, but you must be vigilant about enforcing such a blanket rule. Allowing some personal messages but not others could open the door to anti-union allegations, not to mention other types of bias claims—such as being less lenient with employees of a certain race.
- Educate managers. Make sure supervisors and managers understand that it’s illegal to single out union messages for discipline.
- Examine your reasons. That the nurses’ computer screens were not visible to patients probably helped undermine the hospital’s arguments about patients’ families’ concerns and serenity. If you find yourself fishing for reasons to justify a decision after the fact, review your actions to be sure you’re not motivated by improper considerations.