The National Labor Relations Board (NLRB) is inviting interested parties to file briefs in a case that could overrule a decision that allows employers to restrict employees’ use of their electronic communication systems.
On April 30, the NLRB issued its decision in Purple Communications, Inc. That decision notes that on October 24, 2013, an administrative law judge (ALJ) dismissed an allegation that Purple Communications violated the National Labor Relations Act (NLRA) by prohibiting the use of its electronic equipment and e-mail system for activity that was not related to business purposes.
In dismissing the allegation, the ALJ relied on the Board’s Register Guard decision,which allows employers to prohibit the use of their e-mail systems for communications that are not related to business.
The NLRB’s General Counsel and the charging party, the Communications Workers of America, AFL-CIO, have asked the Board to overrule the Register Guard decision.The NLRB has been asked to adopt a rule that gives employees who are permitted to use their employer’s e-mail system for work purposes the right to use e-mail for Section 7 activity (subject to the employer’s need to meet production goals and maintain discipline), according to a release from the Board.
Section 7 of the NLRA gives employees the right to engage in “concerted activities for the purpose of collective bargaining or other mutual aid or protection.”
The invitation to file briefs says they should not exceed 25 pages and must be filed by June 16.