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NLRB Creates Right to Use Corporate E-Mail to Organize and to Complain About Work: Ten Key Implications for Employers

In a precedent-setting ruling, the National Labor Relations Board (NLRB or the "Board") held last week in Purple Communications that Section 7 of the National Labor Relations Act (NLRA) requires employers, except in very limited circumstances, to open their corporate e-mail systems to union organizing by employees and to group discussions among employees about the terms and conditions of employment during non-work time.  The 3-to-2 decision overturns the Board's December 2007 decision in Register Guard, holding that because a corporate e-mail system is the employer’s...

The NLRB Issues its Long-Anticipated "Quickie Election" Rule, Making Union Organizing Faster and Easier

On December 15, 2014, the National Labor Relations Board ("NLRB") published its long-anticipated Final Rule on "quickie elections."  The Final Rule, which is scheduled to go into effect on April 14, 2015, significantly tilts the NLRB's election procedures in favor of unions. Under the Final Rule, it will be easier for unions to organize unrepresented employees because a shorter period of time between a union's filing of a representation petition and the holding of an election makes it harder for employers to present their arguments against union...

NLRB Issues its "Ambush" Election Rule

As expected, the National Labor Relations Board released its much-anticipated final rule amending union representation and election procedures.  The rule is scheduled to be formally published in the Federal Register on December 15, and therefore take effect on April 14, 2015.Among other changes, the rule will: allow electronic filing and transmission of election petitionsrequire additional contact information – including email addresses and phone numbers –  to be included in voter listsrequire that such voter lists be provided within two business days of the...

NLRB Says Employees Have a Right to use Employer's Email for Section 7 Activity under Certain Circumstances

In a 3-2 split decision along party lines, the National Labor Relations Board has held that employees are presumptively permitted to use their employer's email systems during non-work time for Section 7 activities if employers give employees access to their email systems. The Board's decision in Purple Communications overrules the 2007 decision in Register Guard "to the extent it holds that employees can have no statutory right to use their employer's email systems for Section 7 purposes." The Board claims its decision is "carefully limited": First,...

Senate Confirms NLRB Member

In a late afternoon vote, the Senate on Monday confirmed the nomination of Lauren McFerran to serve as member of the National Labor Relations Board.  The final tally was 54-40 along party lines. McFerran – who will replace outgoing member Nancy Schiffer – will remain a member of the Board until December 16, 2019. Continue reading this entry at Littler's Workplace Policy Update.

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Format: 2014-12-19
Format: 2014-12-19