DC Circ. Tosses Register-Guard Ruling On E-Mail

Law360, New York (July 10, 2009, 12:00 AM EDT) -- A federal appeals court has overturned the widely discussed National Labor Relations Board decision in the Register-Guard case, holding that the newspaper acted improperly when it pointed to its broad e-mail use policy to squelch an employee's union chatter.

The NLRB erred in siding with the Eugene Register-Guard after it disciplined a worker over two union-related e-mails, Judge Merrick Garland of the U.S. Court of Appeals for the D.C. Circuit said in an opinion issued Tuesday. The NLRB had read in a distinction not supported by...
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