GNYADA December 2014 Newsletter

6 New Yorker Named as NADA Chairman

“It is a true honor to serve this indus- try and this board. This is an exciting time for the auto industry and for dealers across the country,” Fox said. “We will continue to advocate strong- ly for dealers and the franchise sys- tem, which is the best and most effi- cient model for consumers, dealers, and manufacturers alike.” Fox currently is a partner in Fox Dealerships, which sells Chevrolet, Chrysler, Dodge, Honda, Jeep, Ram, Subaru, and Toyota brand vehicles in Auburn, NY and Phoenix, NY. As mentioned in last month’s GNYADA Newsletter, Bill Fox will join another New Yorker on NADA’s Executive Committee, Immediate The decision applies to employees who have already been granted access to the employer’s email sys- tem in the course of their work. Employers are not required to pro- vide employees with access to their email system. Employers may monitor their com- puters and email systems for legiti- mate management reasons, such as maintaining productivity and pre- venting employees from using email to harass others or engage in any other activity that could give rise to employer liability. Employers may notify employees that they reserve the right to moni- tor and review all communications sent from or received on its email systems, and that employees do not

Upstate New Yorker Bill Fox has been named Chair of the National Automobile Dealers Association (NADA) for 2015. Fox, who represents New York’s franchised new car dealers on the NADA Board of Directors, will assume the position of Chair and CEO at the 2015 NADA Convention & Expo in January. “We are thrilled to have a fellow New Yorker as chairman of NADA and are looking forward to working with Bill in the year ahead on a raft of important measures to help defend and support dealers in this state and across the country,” said Bob Vail, GNYADA Chair. For the past seven years, the National Labor Relations Board has taken the position that employees do not have the right to use their employer’s email systems for purposes of union organ- izing or other activities such as dis- cussing their wages, benefits, and other terms and conditions of employment (“Section 7 Activities”). On December 11, 2014, the Board reversed that position and decided that employees who have access to email at work are permitted to use their employer’s email systems during nonworking hours to send emails regarding union organizing and other Section 7 Activities. This pertains to such activities in both unionized and non-unionized workplaces. In the wake of this decision, both unionized and non-unionized employers should keep in mind the following:

Past Chair of GNYADA, Neale Kuperman. Neale is from Rockland County and was elected to serve as NADA’s Treasurer. NADA represents 16,000 new car and truck dealerships, with about 32,000 domestic and international franchises.

7 Employees May Use Dealership Email for Union Organizing

have an expectation of privacy with emails and attachments.

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Employers should narrowly tailor their electronic communications policies to protect legitimate busi- ness interests and ensure that there is no express prohibition on utiliz- ing the email system for union- related purposes. Employers must ensure the even- handed application of its electronic communications policies. Employers that permit employees to send other non-work emails but restrict union-related emails will likely be found to violate the National Labor Relations Act. The Association thanks Jim McGrath, III, Esq., Putney, Twombly, Hall & Hirson for this article. n n

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Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • December 2014

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