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Court Rules NLRB Erred In Allowing Discharge of Employee for Email Use
Publication year - 2021
Publication title -
management report for nonunion organizations
Language(s) - English
Resource type - Journals
eISSN - 1530-8286
pISSN - 0745-4880
DOI - 10.1002/mare.30754
Subject(s) - action (physics) , business , work (physics) , labor relations , law , law and economics , political science , economics , engineering , mechanical engineering , physics , quantum mechanics
When the decision in Purple Communications , 361 NLRB 1050 (2014) was overruled in Rio All‐Suites Hotel and Casino , 368 NLRB No. 143 (2019), employers breathed a sigh of relief and felt empowered again to regulate the use of their email systems. With rules about email as with any other work rules there are two aspects to lawful implementation: the language of the rule itself and its non‐discriminatory application. As recently highlighted in the decision in Communication Workers of America v. NLRB , Case No. 20‐1112 (D.C.Cir. July 23, 2021), a failure to satisfy both requirements can lead to a problematic disciplinary action.