• Posts by G. Randall Ayers
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    Randy Ayers helps employers manage all issues related to labor relations, including collective bargaining, arbitration and litigation of disputes involving collective bargaining agreements and proceedings before the ...

NLRB axes Lutheran Heritage Standard

In a 3-2 decision, the NLRB overruled its prior decision regarding how it analyzes whether a facially neutral workplace rule, policy or employee handbook provision interferes with the exercise of rights protected by the National Labor Relations Act (“NLRA”).

In a reversal of precedent, a divided National Labor Relations Board (“NLRB”) held yesterday that employees have a right to use their employers’ email systems for non-business purposes, including statutorily protected communications regarding the terms and conditions of their employment and regarding union organizing efforts. See Purple Communications, Inc., 361 NLRB No. 126 (December 11, 2014).  The NLRB’s ruling stemmed from a case brought by the Communications Workers of America union after it unsuccessfully attempted to organize employees of Purple Communications, Inc., a company that provides interpreting services for the deaf and hearing-impaired.  The union argued that prohibiting the company’s workers from using the company’s email system for non-business purposes and on behalf of organizations not associated with the company interfered with the CWA’s organizing efforts. 

The D.C. Circuit holds that President Obama’s January 2012 recess appointments to the NLRB were unconstitutional, arguably undermining the precedential value of controversial decisions  of 2012. (Noel Canning v. NLRB, January 25, 2013.)   

Tags: Labor Law

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