Protected Concerted Activity National Labor Relations Board

The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve... more +
The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve their wages and working conditions. If employees are engaged in "protected concerted activity" and suffer adverse employment consequences, such employees may seek redress under the NLRA, whether or not they are members of a union.  less -
News & Analysis as of

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

NLRB Rules That Employers Must Permit Non-Business Use of Email

The National Labor Relations Board, in a 3-2 decision, has held that employee use of email for activities directed to terms and conditions of employment must presumptively be permitted by employers who have given employees...more

Breaking News: NLRB Overrules Register Guard and Holds that Employees Have Statutory Right to Use Their Work Email for Union...

The National Labor Relations Board (“NLRB”) ruled on December 11, 2014, in a 3-2 split, that employees who have been given access to their employer’s e-mail system for work purposes must be allowed to use their work email...more

National Labor Relations Board Permits Employees to Use Workplace Email Systems for Union Activity

In a landmark 3-2 decision, the National Labor Relations Board (“NLRB” or “Board”) reversed its own precedent and found that employees now have a presumptive right to use their employer’s email system to engage in...more

Employees May Use Email For Union Activity

The NLRB says its 2007 decision in Register Guard was “clearly incorrect.” Employers cannot prohibit employee use of employer email for union and other protected communications. In other words, employer policies that...more

NLRB Limits Employers’ Ability to Restrict Employee Email Use During Nonworking Time, Reversing Precedent

The National Labor Relations Board (the “Board”) overruled its precedent this week by holding that employee use of e-mail for collective action communications during nonworking time must presumptively be permitted where...more

NLRB Opens Employer Email for Union Organizing

The National Labor Relations Board decided 3-2 last week that employees covered by the National Labor Relations Act are presumptively entitled to access an employer's email systems for communicating under Section 7 of the...more

NLRB Reverses Course, Finds That Employees Have Right to Use Employers’ Email for Union Organizing

In a decision made public on December 12, the National Labor Relations Board have ruled that employees have a presumptive right to use employers’ email systems on nonworking time for union organizing and other purposes that...more

NLRB Holds That Employees Have the Right to Use Company Email Systems for Union Organizing – Union and Non-Union Employers Are All...

In its Purple Communications, Inc., decision, the National Labor Relations Board (“NLRB” or “Board”) has ruled that “employee use of email for statutorily protected communications on nonworking time must presumptively be...more

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