Purple Communications, Inc.

Case Updates

The NLRB issued a decision severing the Register-Guard issue. The case is remanded to an administrative law judge for further proceedings to determine how that rule of law applies to the particular facts of this case.

In its brief, the Chamber asked the National Labor Relations Board (NLRB) to uphold its decision in Register-Guard and reaffirm that employees do not have a statutory right to use their employer’s email or other electronic-communications systems for Section 7 purposes.The brief argues that, employers have substantial property and business interests in ensuring that their investments in computer networks and information systems are used for productive ends; and employees have more means than ever to communicate with each other without the need to resort to the electronic-communications equipment obtained, provided, and maintained by their employers for business purposes. The brief points out that as long as an employer’s restrictions are based on union-neutral criteria, employers should be allowed to set rules for the use of their own email and other electronic communications systems.

Willis J. Goldsmith and Jacqueline M. Holmes of Jones Day represented the U.S. Chamber as co-counsel to the National Chamber Litigation Center in this case.