NLRB WATCH: Key NLRB Precedents Likely to Fall Under Liebman Board - Part II

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Last week, we began our series NLRB Watch – which will analyze 10 critical decisions issued by the Bush-appointed National Labor Relations Board ("NLRB" or "Board") that likely will be overturned in the next few years if reconsidered by an Obama-appointed Board now chaired by Wilma Liebman. In most of the critical Bush-era decisions that favored employers, then Board member Liebman dissented, challenging the reasoning and conclusions reached by the Board majority. Careful analysis of Liebman's dissenting opinions in these major decisions provides a legal roadmap charting the likely course the Liebman Board will take if it is able to reconsider these issues. Consequently, we can expect significant changes in certain labor policy areas going forward.

In Part I of this series, we analyzed IBM Corp., 341 NLRB 1288 (2004), concerning the representation rights of non-union employees. In Part II, below, we analyze Guard Publishing Co. (Register Guard), 351 NLRB 1110 (2007) – concerning the employer's right to restrict employee use of company e-mail to preclude union related communications.

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