Gibbons Law Alert

Gibbons Law Alert

Tagged: Section 7

NLRB Rules Employees “Presumptively Permitted” to Use Employer Email Systems for Statutorily Protected Communications

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Posted in Labor

On December 23, 2014

On December 11, 2014, in Purple Communications, Inc. and Communications Workers of America, AFL-CIO, Cases 21-CA-095151, 21-RC-091532, and 21-RC-091584, the National Labor Relations Board (the “Board” or “NLRB”) held that “employee use of email for statutorily protected communications on nonworking time must presumptively be permitted by employers who have chosen to give employees access to their email systems.”

NLRB’s Third Social Media Report Includes Model Social Media Policy

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Posted in E-Discovery: Legal Decisions and Court Rules / Policies and Handbooks

On May 31, 2012

On May 30, 2012, the National Labor Relations Board’s Acting General Counsel issued a third report on social media cases. This report follows the Board’s August 2011 and January 2012 reports on the subject, which we previously discussed. The guidance contained in the three social media reports is applicable to most private sector employers, unionized or not.

NLRB Report on Social Media Cases Provides Guidance for Employers on Social Media Policies

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Posted in Policies and Handbooks

On October 10, 2011

The National Labor Relations Board’s Acting General Counsel recently issued a report and press release summarizing the outcomes of recent NLRB cases involving employees’ use of social media and the legality of employers’ social media policies. Among the cases discussed in the report are several in which the Board found that provisions of employers’ social media policies violated Section 8(a)(1) of the National Labor Relations Act, which prohibits work rules that would “reasonably tend to chill employees in the exercise of their Section 7 rights” to engage in “concerted activities” for the purpose of “mutual aid or protection.”

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