This Comment examines the National Labor Relations Board's decision in Technology Services Solutions, which held—via application of the Supreme Court's "reasonable alternative means" test-that an employer did not commit an unfair labor practice when it refused to provide the union attempting to organize the employer's teleworking customer service representatives with employees' names and addresses. After reviewing the evolution of union access rules, Pawlicki argues that by endorsing the application of traditional union access rules to the nontraditional telework environment, the National Labor Relations Board effectively denied an emerging segment of U.S. workers a right that has long been a cornerstone of national labor policy—the right to organize and join a union. Finally, the author suggests a scheme for determining when employers should be required to provide the names and home addresses of workers to employees or nonemployee union organizers seeking to organize the teleworkplace.
Elizabeth A. Pawlicki,
Technology Service Solutions: New Wine in Old Wineskins?,
Chi.-Kent L. Rev.
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol78/iss3/17