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NLRB Signals Possible Change in Union Access to Company E-mail

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Employers may eventually see a change in how they can restrict the use of their e-mail and other communications systems for union organizing now that the National Labor Relations Board (NLRB) is requesting comments on what standard it should apply.

The Board issued a notice on August 1 inviting briefs on whether it should “adhere to, modify, or overrule Purple Communications, Inc.,” the 2014 case that held that employees who have been given access to their employer’s e-mail system for work-related purposes have a presumptive right to use that system—on nonworking time—for communications protected by Section 7 of the

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