Oregon court rules discipline over union email broke labor law

She did not write the recommendations. She copied them from an email a union committee she sat on had prepared. She sent it from her district email account to colleagues’ district accounts, using her personal laptop during a paid rest break. 

After the election, someone forwarded the email to the district’s human resources director. The district issued a letter of reprimand, saying she had promoted and opposed candidates during the workday using district equipment, in violation of board policy and a state election law. 

That reprimand is what unraveled. The union filed an unfair labor practice complaint – the labor-law term for an employer interfering with workers’ organizing rights – with Oregon’s Employment Relations Board. The board found the district had crossed the line and ordered a civil penalty. 

The Court of Appeals affirmed on every point. The state law barring public employees from campaigning “while on the job during working hours” did not apply, because the worker was on a sanctioned break and, under Oregon labor rules, was relieved of all duties. A separate law lets unions use an employer’s email to reach members about “matters involving the governance or business of the labor organization” – and the court held a school board election counted, because the board approves the union’s contracts. 

Finally, the court found the district disciplined the worker “because of” activity the law protects. Officials’ honest belief that the email broke the rules did not change the effect.