The application of current federal and state laws and regulations to appropriate use of e-mail remains unclear and untested. Most contracts do not address the subject either. They do not realize that even though they enter a password and may even mark mail personal or confidential, e-mail messages are not private in any sense of the word. E-mail can be intercepted and read by anyone with access to the computer network and some knowledge of the system. E-mail messages, even ones deleted by the employee, are often stored in central computer files for long periods of time.
Employers view e-mail, created on their time and with their equipment, as their property.
They feel justified in monitoring e-mail use to control their workplace and to protect against theft, crime and lawsuits. The union should find out whether their employer has an e-mail use policy. If there is a policy, it should be carefully analyzed to ensure that members rights are protected and that it complies with applicable laws. If not, they should negotiate sensible policies E-mail policies should protect employee privacy, maintain a productive workplace, and provide for adequate system security. Monitoring of e-mail messages should be prohibited without the expressed permission of the employee.