Reference no: EM131661109

Question: Unfair Labor Practice. The New York Department of Education's e-mail policy prohibits the use of the e-mail system for unofficial purposes, except that officials of the New York Public Employees Federation (PEF), the union representing state employees, can use the system for some limited communications, including the scheduling of union meetings and activities. In 1998, Michael Darcy, an elected PEF official, began sending mass, union-related e-mails to employees, including a summary of a union delegates' convention, a union newsletter, a criticism of proposed state legislation, and a criticism of the state governor and the Governor's Office of Employee Relations. Richard Cate, the department's chief operating officer, met with Darcy and reiterated the department's e-mail policy. When Darcy refused to stop his use of the e-mail system, Cate terminated his access to it. Darcy filed a complaint with the New York Public Employment Relations Board, alleging an unfair labor practice. Do the circumstances support Cate's action? Why or why not?