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.
On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit struck down a National Labor Relations Board (“NLRB”) rule requiring both union and non-union employers to display posters informing employees of their right to form a union and engage in other concerted activity.
Executive Order 13496, signed in January 2009, requires all federal contractors and subcontractors to notify employees of their rights under the National Labor Relations Act (NLRA), including their right to join and support unions. The key take away is that federal contractors with $100,000 or more in federal contracts and subcontractors with $10,000 or more must post a notice in the workplace in paper form where other such notices are posted.
The always interesting LaborPains blog points out that big labor is (incredibly) trying to spin the Scott Brown victory in Massachusetts as victory for labor unions.
The Bureau of Labor Statistics (BLS) will release its annual report on union membership for 2009 on January 22, 2010.
The National Right To Work Legal Defense Foundation reports that union attorneys have filed 5 cases seeking to overturn the NLRB’s 2007 decision in Dana Corporation. The Dana Corp. decision granted employees the right to file a decertification petition and force a secret ballot election within 45 days after an employer recognizes a union by card check.
Topics/Tags
Select- Labor & Employment Law
- Employment Law
- Coronavirus
- Labor Law
- Employee Benefits and Executive Compensation
- NLRB
- Discrimination
- IRS
- Department of Labor
- Sexual Orientation Discrimination
- Retirement
- Arbitration
- NLRA
- Employer Policies
- ERISA
- Race Discrimination
- Americans with Disabilities Act
- Accommodation
- ACA
- Affordable Car Act
- Litigation
- Social Media
- National Labor Relations Act
- National Labor Relations Board
- Reasonable Accommodation
- Employer Handbook
- Employment Litigation
- EEOC
- Wage & Hour
- 401(k)
- Federal Arbitration Act
- Title VII
- Paycheck Protection Program
- ADAAA
- Workplace Accommodations
- Sexual Harassment
- Employer Rules
- Unions
- Transgender Issues
- Technology
- Employment Settlement Agreements
- Securities Law
- Privacy
- FMLA
- Disability
- Workplace Violence
- Preventive Care Benefits
- Health Savings Account
- SECURE Act
- US Department of Labor Employee Benefits Security Administration
- Sixth Circuit
- Fair Labor Standards Act
- Disability Discrimination
- Equal Employment Opportunity Commission
- OSHA
- Overtime Pay
- Religion Discrimination
- Gender Identity Discrimination
- Posting Requirements
- Class Action Litigation
- Disability Law
- Representative Election Regulations
- E-Discovery
- Evidence
- Department of Justice
- Benefits
- Family and Medical Leave Act
- Environmental Law
- Privacy Laws
- Older Workers' Benefit Protection Act (OWBPA)
- Healthcare Reform
- Electronically Stored Information
- Telecommuting
- Affirmative Action
- Equal Opportunity Clause
- Compensable Time
- Pregnancy Discrimination
- Security Screening
- Supreme Court
- Occupational Safety and Health Administration
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Unemployment Insurance Integrity Act
- American Medical Association
- Attendance Policy
- Return to Work
- Seniority Rights
- Classification
- Fair Minimum Wage
- Federal Minimum Wage
- Misclassification
- State Minimum Wage
- Wage Increase
- Confidentiality
- Disability Leave
- Equal Pay
- Genetic Information Discrimination
- Media Policy
- National Origin Discrimination
- Retaliation
- Social Media Content
- Taxation
- Employment Incentives
- HIRE Act
- Social Security Tax
- Antitrust
Recent Posts
- The Practical Employment Law Podcast: Termination Done Right - Part 1
- The Practical Employment Law Podcast: Welcome 2021 - 5 Things for Employers to Consider
- Congressional Proposal Extends Tax Credits to Companies Providing Paid Leave, but Allows Requirement to Expire
- The Practical Employment Law Podcast: EEOC Issues New Guidance on COVID-19 Vaccinations
- The Practical Employment Law Podcast: Non-Compete Agreements - Five Mistakes by Three Parties
- The Practical Employment Law Podcast: Employment At-Will – Myth or Reality?
- The Practical Employment Law Podcast: COVID-19 Immunity Laws
- The Practical Employment Law Podcast: Reductions in Force - Key Factors to Consider
- The Practical Employment Law Podcast
- 5 Things Employers Should Know About Military Leave