United States: An In-Depth Analysis Of The NLRB’s Decision To Permit Employees To Use Employer Email Systems For Union Organizing And Other Non-Work Purposes

The rights of employees under Section 7 of the National Labor Relations Act have been given quite the digital treatment over the last few years.  In its newest decision issued on December 11, 2014, the National Labor Relations Board ruled that “employee use of email for statutorily protected communications on nonworking time must presumptively be permitted by employers who have chosen to give employees access to their email systems.”  The full decision can be […]

By | December 24th, 2014 ||

United States: Bad Outlook: NLRB Rules That Employers Must Surrender Email Systems To Employees

On December 11, 2014, in a radical departure from settled National Labor Relations Board (the Board or NLRB) precedent, a sharply divided NLRB ruled in a 3-2 decision that a policy limiting the use of an employee’s work email to work-only purposes violated the National Labor Relations Act (the Act or NLRA). Purple Communications, Inc., 361 NLRB No. 126 (Dec. 11, 2014). If not overturned on appeal, this decision will have a major impact […]

By | December 24th, 2014 ||

United States: NLRB Issues Final Rule Speeding Up Time Frame For Union Elections

On December 12, 2014, the National Labor Relations Board (“NLRB” or the “Board”) issued its long-awaited final rule amending its representation case procedures to shorten the time frame for holding union-representation elections and to require employers to provide more information about employees to unions. The final rule is the culmination of a process that began in 2011 when the Board first proposed wide-sweeping changes to the procedure for conducting union elections. The 2011 proposal […]

By | December 23rd, 2014 ||