In a one-two punch combination for employers, the National Labor Relations Board (NLRB) issued on Dec. 12, 2014, its final expedited election rules. Supporters colloquially call them “quickie” election rules while opponents call them “ambush” election rules.
The rules follow on the heels of the NLRB’s decision on Dec. 11, 2014, in Purple Communications. (For more information on Purple Communications, see our client alert.) In Purple Communications, the NLRB reversed established precedent to hold that employers must make corporate email systems available to workers who wish to use them in trying to organize a union, or when, in any other way, trying to further their wages, hours or working conditions. One question we noted in our client alert that was left unanswered in the board’s decision was whether employers would have to make employee contact lists available. These rules clearly answer that question. When these rules take effect, the board will require employers to turn over not only employee names, but email addresses, and that will need to include even personal email addresses, plus phone numbers, again including personal phone numbers. The obvious concerns over the disclosure of private information is just one of the things making these new rules so controversial.
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