NLRB Reverses Precedent In Employer Email Case

Law360, New York (December 11, 2014, 11:43 AM EST) -- A divided National Labor Relations Board held Thursday that workers have a right to use their employers' email systems for nonbusiness purposes, including communicating about union organizing, overruling the labor board's 2007 Register Guard ruling and calling it "clearly incorrect." 

Ruling in a closely watched case challenging an electronic communication policy maintained by sign language interpretation services provider Purple Communications Inc., NLRB Chairman Mark Pearce, along with board members Kent Hirozawa and Nancy Schiffer, overruled the Register Guard holding that employees had no statutory right to use employer email for activities covered by Section 7 of the National Labor Relations Act. ...

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