The NLRB Gives Organized Labor a New Year's Resolution

On Dec. 9, 2014, the National Labor Relations Board, in a decision referred to as Purple Communications, rejected a prior ruling and held that workers may use an employer’s email system for nonbusiness purposes during nonwork time. Specifically, the NLRB declared that employees have the right to use an employer’s email system to engage in activities protected by Section 7 of the National Labor Relations Act, which protects employee discussions about terms and conditions of employment, including union organizing.

This decision was one of several pro-labor actions taken by the NLRB in the second half of December. Perhaps the other, more notable action is the passage of the new “Quickie Election Rules,” which become effective April 15. It was not a coincidence. As reported by The Wall Street Journal on Dec. 12, 2014, in response to the Purple Communications decision: “This round of NLRB mischief happened, not so coincidentally, as a quickie vote after the Senate confirmed Lauren McFerran to the NLRB on Monday and before Nancy Schiffer’s term expires next week. While both Ms. McFerran and Ms. Schiffer are part of the Obama administration’s string of pro-labor appointees, the board evaded congressional scrutiny of their decisions by waiting to issue them until Ms. McFerran was confirmed, leaving the issue out of her confirmation hearing.”