With midterm elections and Senate confirmation of a fifth Board Member behind us, the National Labor Relations Board returned to the portion of the pending Purple Communications case on which it chose to pass just weeks ago. In a Decision and Order published today, Purple Communications, Inc., 361 NLRB No. 126 (Dec. 11, 2014), the Board has fulfilled its intention to create a new substantive right of employees to use an employer’s computer networks and e-mail systems to engage in union organizing. In so doing, the Board has cast aside several decades of precedent.
Two separate dissents by Members Miscimarra and Johnson, a combined 43 pages, follow an 18-page three-Member majority decision. The entire document can be found here. We are reviewing the decision and will expand upon this analysis in a later post.
- “NLRB Postpones Creation of Substantive Employee Right to Use Employer E-mail for Union Activity” — Labor Relations Today (September 30, 2014)
- “NLRB Agenda Threatens Employers, Lawmakers Told” — Law360 (June 24, 2014)($)
- NLRB Purple Communications case page