Protected Concerted Activity

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

Executive Labor Summary - November/December 2014

NEWS & ANALYSIS - NLRB changes longstanding rule for deferral to arbitration awards - The National Labor Relations Board has had a busy December with four major new developments. We have already reported on two of the...more

NLRB Provides Employee Access to Employer Email Systems

On December 11 in a 3-2 ruling, the National Labor Relations Board (the “Board”) held in Purple Communications, Inc., that employees may use their employer’s email systems during non-work time in furtherance of their rights...more

NLRB upends legality of employer email policies

On December 11, 2014, the National Labor Relations Board (NLRB) issued its opinion in Purple Communications, Inc. The NLRB decided employee use of email for statutorily protected communications on nonworking time must...more

NLRB Makes Two Big Changes That Will Affect All Employers: Lifting the Ban on Using Company Computers for Union-related...

Does Your Email Policy Run Afoul of the New Rule? - If your email policy says that your computer systems exist to facilitate company business and therefore “all such equipment and access should be used for business...more

NLRB Gives Employees the Right to Use Company Email for Protected Communications

Breaking new ground, the National Labor Relations Board ruled last week that employees have the right to use company email during non-working time to communicate about the terms and conditions of their employment. The Board’s...more

The NLRB Shakes Things Up: Purple Communications and the Board’s New “Ambush” Elections Rule

The National Labor Relations Board (NLRB) made waves last week in two highly controversial maneuvers: first, its long-awaited decision in Purple Communications, Inc., which reversed long-standing NLRB precedent and held that...more

Labor Board ruling has far-reaching impact on employers and workplace policies

Late last week, the National Labor Relations Board changed the rules on employee use of the employer’s email systems for labor organizing. The Labor Board’s new rule is that employee use of email for union-related...more

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

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