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06 May 2016 Don’t Gamble With Your Email Policy

In what is one of the National Labor Relations Board’s (NLRB) first applications of the Purple Communications decision, NLRB administrative law judge (ALJ) Mara-Louise Anzalone has struck down an email policy at the Rio All-Suites Hotel in Las Vegas.   The hotel’s employee handbook contained a policy entitled “Use of Company Systems, Equipment, and Resources.”  It stated in relevant part:   Computer resources may not be used to: Commit, aid or abet in the commission…

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11 Dec 2014 NLRB HACKS EMAIL SYSTEMS OF EVERY BUSINESS IN THE U.S.

Earlier today, the NLRB reversed existing precedent and granted all employees the right to use their employer’s email systems for union organizing and other forms of protected concerted activity. In Purple Communications, Inc., the employer’s policy limited employee use of its email and other electronic systems to “business purposes only” and “specifically prohibit[ing]” certain uses by employees. While the employer had a policy that all parties acknowledged complied with existing law, the Board  reversed course, declaring…

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07 Oct 2014 Purple Haze – NLRB Delays Decision On Employee Use of Company Email Systems

  Employers will have to wait a while longer to see if the NLRB will overturn its existing precedent allowing employers to bar employees from using the company email system for non-job-related solicitations. Such a prohibition is critical in the context of a union organizing campaign and the Board has followed this rule since its Register Guard decision in 2007.   In the recent Purple Communications, Inc. case, the ALJ relied on Register Guard and dismissed…

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18 Jun 2014 NLRB General Counsel Pushes for Broader Access to Employer E-Mail Systems

  NLRB General Counsel Richard Griffin pushed onward this week with his stated agenda of overturning prior NLRB precedent to legitimize employee use of company email systems for union organizing activity as well as other protected concerted activities.   On Monday of this week, the General Counsel filed his brief in the Purple Communications case now pending before the Board. In that brief, Griffin called for the Board to overturn its previous decision in Register-Guard…

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29 Aug 2013 First Social Media Policies and Now E-Mail?

In what could be the first salvo in the NLRB’s latest assault, the NLRB Division of Advice has recommended that an NLRB Regional Director issue a complaint against a call center company (Alpine Access) for the restrictions it placed on employee use of the company’s e-mail system. The Advice Division not only concluded that the actions taken by the employer were unlawful under current Board authority in the Register Guard case, the advice memorandum went…

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