National Labor Relations Board Protected Concerted Activity

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
News & Analysis as of

NLRB Update: Policy Reversals Affect All Employers

Nancy Schiffer’s term with the National Labor Relations Board (“NLRB” or “the Board”) expired yesterday, but the Board made the most of its time with the former Associate General Counsel at the AFL-CIO and Deputy General...more

NLRB Reverses Course and Creates Presumptive Right For Employees to Use Employers’ Email Systems for Union Organizing

Earlier this month, the National Labor Relations Board (NLRB) held that employees who are given access to employer email systems for work purposes are now presumptively permitted to use those systems for certain union...more

Employers Beware! Employees are Permitted to Use Employer’s Email Systems for Non Work Purposes, Including Union Organizing

Overturning existing precedent, the NLRB has ruled that certain employees have a right to use employer email systems for protected communications, unless special circumstances exist. This decision potentially has far-reaching...more

NLRB to Re-Hear Labor Arbs

Another NLRB bombshell. The NLRB used to “defer” statutory issues to arbitration. For example, if an employer and union arbitrated the issue of an employee’s discharge for good cause, the NLRB would not then prosecute an...more

NLRB Rejects Ban On Personal E-mail At Work

On December 11, the National Labor Relations Board (NLRB) continued to intrude into the workplace by holding that employees have a right to use their employer's email system for union organizing purposes and other "concerted...more

NLRB Protects Workers’ Right to Use Employer Email Systems for Union Activities

The National Labor Relations Board (NLRB or Board), in its December 11 Purple Communications, Inc. and Communications Workers of America, AFL–CIO decision, reversed certain Board precedent on employees’ use of employers’...more

NLRB starts holidays early, demands employers gift their email systems to employees and unions

The National Labor Relations Board has put on its ugly holiday sweater and is ready for a repeat of its end-of-2013 gift giving season, when it dumped a slew of game-changing, pro-union decisions on employers....more

National Labor Relations Board Overrules Register Guard and Recognizes Employees' Right to Use Employer's Email for Section 7...

A recent National Labor Relations Board (NLRB) decision that reverses prior law should cause all employers to review and evaluate their email system policies. In Purple Communications, Inc., 361 NLRB No. 126 (Dec. 11, 2014),...more

NLRB Reversal Prompts Concerns for Employers on E-Mail Use

On December 11, 2014, the National Labor Relations Board (NLRB) issued a major decision, Purple Communications. The decision reversed the board’s 2007 decision in Register Guard, where the NLRB had drawn one of the few...more

New NLRB Developments

As 2014 draws to a close, we wanted to provide you with a brief overview of what the National Labor Relations Board (NLRB) has been "up to" lately. ...more

NLRB: Hot For The Holidays

The National Labor Relations Board is busy — the Board came out late last week with a decision saying that employees can have access to their employers’ email systems for organizing activities under most circumstances. ...more

An In-Depth Analysis of the NLRB’s Decision to Permit Employees to Use Employer Email Systems for Union Organizing and Other...

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...more

Per NLRB, Employees May Use Company Email For Union Organizing

On December 11, 2014, the National Labor Relations Board (NLRB), through a divided panel, held that employees may use employer-provided email systems for union organizing. Specifically, the NLRB held "employee use of email...more

NLRB Reverses Precedent in Case Involving Employer Email

In a landmark ruling, the National Labor Relations Board determined that workers have the right to use their company email for non-business purposes. These purposes could include communicating about union events and...more

The Employment Law Authority - December 2014

In This Issue: - Justices Issue Pro-Employer Rulling in FLSA Case - Ogletree Deakins Named A "Law Firm of the Year" - California Mandates Anti-Bullying Training for Supervisors - OFCCP Issues Final...more

NLRB Expands Employees' Right to Use Employers' Email for Union Organizing - Board Dissenters Criticized the Majority for...

In its 2007 decision in Register Guard, the National Labor Relations Board (NLRB or Board) held that an employer may completely prohibit employees from using its email system for non-business purposes – including union...more

NLRB Opens Company Email Systems to Employees for Communications Protected by the National Labor Relations Act

Perhaps overlooked due to the announcement by the National Labor Relations Board ("NLRB" or the "Board") of its revised procedures for union elections, the NLRB issued a decision on December 11 that will have a far-reaching...more

NLRB Rules Employees Have Right to Use Employers’ Email Systems for Nonbusiness Purposes

On Thursday, December 11, the National Labor Relations Board reversed what had been well-settled law regarding the rights of employers to prevent employees from using their employer’s email system for nonbusiness reasons. If...more

Unions Can Now Use Your Email to Organize Your Workforce

The Prior Rule - The NLRB held in its 2007 Register Guard decision that employers could prohibit the use of company email for non-business purposes, including engaging in concerted protected activity. Arguing that...more

NLRB’s ConAgra Foods Decision Finds Employer’s Application of Non-Solicitation Policy Unlawful

The NLRB recently decided that ConAgra Food’s discipline of Janette Haines for violating the non-solicitation policy was unlawful, even though Haines engaged in a union-related discussion, and her discussion prompted another...more

Employees May Use Company Email to Support Unions

Employers who provide email access to employees may have provided employees with a powerful union-organizing tool. On December 10, 2014, the National Labor Relations Board (NLRB) issued a decision reversing a 2007...more

The Obama NLRB Strikes Another Blow on Behalf of Organized Labor: Employees May Use Company E-Mail Systems to Unionize and Engage...

Most employers have policies or work rules limiting employee use of Company e-mail systems to "business purposes." Many employers have policies or work rules specifically prohibiting employees from using Company e-mail to...more

NLRB Reverses Course on Employer Email, Creating Presumptive Right of Employees to Use Work Email Systems for Union Organizing

In a game-changing 3-2 decision on December 11, the National Labor Relations Board (NLRB or Board) overruled its 2007 Register Guard decision, which upheld the right of employers to limit employee access to company email...more

The Gift-Giving Season? Three “Game-Changing” Employment Developments Impacting Manufacturers

The approaching holidays may have put Congress, the National Labor Relations Board and the United States Supreme Court in the “gift-giving” mood. In the last week, three significant developments occurred which may radically...more

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...more

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