National Labor Relations Board Creates Right of Employees to Use Employer E-Mail Networks for Union Organizing

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.

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