The Purple Communications Inc. and Communications Workers of America, AFL-CIO, was released by the NLRB on December 11 2014. As expected, the Board ruled that employees with access to an employer’s e-mail system may use the employer’s e-mail system to discuss the terms and conditions of their employment, so long as it is done during non-working hours. This ruling applies to discussions with co-workers and those who are not co-workers and to unionized and non-unionized environments.
In recent years, National Labor Relations Board (“NLRB”) has been addressing electronic communication and the effect it may have on an employee’s right to improve his or her working conditions, including the right to organize a union. For example, NLRB has ruled that blanket policies forbidding employees from discussing work-related matters violate the NLRA because they chill the employee’s right to discuss his terms and conditions of employment with other employees.
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