The National Labor Relations Board (NLRB) invites amicus briefs in Purple Communications, Inc. on the question of whether the Board should reconsider or overrule its conclusion in Register Guard that employees have no statutory right to use their employer's electronic communications systems for Section 7 purposes.
On April 30, 2014, the panel (Board) heading the NLRB's judicial functions invited the parties and interested amici to file briefs in Purple Communications, Inc., 21-CA-095151 to answer the question of whether the Board should reconsider or overrule its conclusion in Guard Publishing, 351 N.L.R.B. 1110 (2007) (Register Guard), that employees have no statutory right to use their employers' electronic communications systems for Section 7 purposes.
On October 24, 2013, an NLRB Administrative Law Judge (ALJ) issued a decision in Purple Communications, Inc. dismissing the allegation that the employer violated Section 8(a)(1) of the NLRA by maintaining a policy prohibiting its employees' personal use of its electronic equipment and systems. In issuing its decision, the ALJ relied on Register Guard in which the Board held that employees have no statutory right to use their employers' email system for Section 7 purposes.
The NLRB's General Counsel and the charging Party asked the Board to overrule Register Guard and adopt a rule that employees permitted to use their employers' email for work purposes are entitled to use it for Section 7 activity as long as production and discipline are maintained.
The Board invites the parties and interested amici to file briefs and submit evidence to assist it in addressing the following questions:
Whether the Board should reconsider its holding in Register Guard?
If the Board overrules Register Guard, what standards, restrictions and factors should be applied to employee access to employer electronic systems?
Should the impact of employee use of employer electronic communications be taken into account?
Do employees' personal electronic devices and personal social media and email accounts affect whether the proper balance can be struck between employers' rights and employees' Section 7 rights?
Are there any other technological issues, including any relevant technological advances since Register Guard, that should be taken into account?
Parties and amici should file briefs by June 16, 2014. Briefs must be filed electronically using the NLRB E-Filing System and must not exceed 25 pages.