Michael Abcarian's article "Watershed NLRB Ruling Allows Employees to Use Employer Email for Union-Related Communications" was featured in Texas Lawyer on December 31, 2014.
In a significant departure from prior precedent, on Dec. 11, 2014, the National Labor Relations Board ruled in the Purple Communications case that employers cannot prohibit employees from using their employer's email systems during nonworking time in order to communicate about wages, hours and working conditions.
In the article, Michael examines how the NLRB's ruling on the Purple Communications case has impacted the state of Texas.
One day after issuing the Purple Communications decision, the board announced what many now call its "Quickie Election Rule"—scheduled to go into effect on April 14, 2015. Historically, a union would not be certified by the board as the collective bargaining representative for a unit of employees unless it won a secret ballot election that normally takes place up to 42 days after the union files its NLRB representation petition. During the intervening period, employers typically communicate with affected employees about the benefits of union-free status. But under the Quickie Election Rule, the Board has significantly shortened that period to as little as 10 days. Many employers are understandably concerned that the new election rules present significant challenges as they seek to communicate with their employees in so short a time— challenges that may dramatically affect how workers will vote.
The new election procedures will also require employers to provide the petitioning union with an expanded list of information, including the full names of eligible voters, as well as their home addresses, telephone numbers, email addresses, work locations, shifts, and job classifications.
Other board incursions into traditional employer rights are a virtual certainty. The wise employer will stay abreast of these developments, as they portend significant impact in states like Texas where unionization has historically been less prevalent because of comparatively favorable economic conditions for both employers and employees.
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