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 communications relating to concerted activity protected by Section 7 of the National Labor Relations Act—including union organizing—during nonworking time. Purple Communications, Inc., 361 NLRB No. 126 (Dec. 11, 2014). According to the Board, an employer may rebut the presumption by demonstrating that special circumstances necessary to maintain production or discipline justify restricting employee rights, although the Board stated that these exceptions will be “rare.” The ruling is the latest pro-union decision from the Board, and carries significant consequences for employers everywhere because of the importance of workplace email and the prevalence of policies restricting the use of business email for nonwork purposes. Read more >>
