The National Labor Relations Board (the “Board” or “NLRB”) under The President has broadly interpreted the protections afforded under Section 7 of the National Labor Relations Act (the “Act”).  Section 7 gives employees the right to engage in concerted activity for mutual aid and protection and to form, join or assist labor unions.  Employees also have the right to communicate about organizing and other union matters as part of their Section 7 rights.   Despite the incorrect assumption that even some attorneys often make, the Act applies to union and nonunion employers alike.

In expanding protections under Section 7, the Board has struck down what were previously considered customary and fairly innocuous workplace policies.  For example, the Board has struck down workplace policies requiring employees not to discuss confidential investigations (GT Blog, March 14, 2013) as well as overbroad social media policies governing what employees can and cannot post on social media websites or blogs.  These decisions have had considerable ramifications for employers who perhaps previously had paid little attention to the NLRB.…

Continue Reading NLRB To Revisit Use of Company E-Mail Accounts in Union Organizing and Personal Use