14 May 2014

This is Good, But I Expect SCOTUS to Overturn it on Corporate "Free Speech" Grounds

The NLRB is considering a ruling that would require that businesses allow their email systems being used for union organizing:
The NLRB has issued a “Notice and Invitation to File Briefs” [PDF] in the Purple Communications, Inc. case which could overturn the precedent concerning organizing activities on company email systems set by the board’s ruling in the Register-Guard case during the Bush Administration.

Using the Register-Guard decision as precedent, companies can currently enforce policies which prohibit company email from being used for anything but business purposes. But the current NLRB appears interested in reversing that decision partially due to the increased importance of email in organizing since the Bush era. Another goal is to align the ruling with other recent rulings that helped streamline the union election process.
This is a good idea, but it is a pro worker idea, so I expect a 5-4 decision from the Supreme Court overruling this on 1st Amendment grounds.

After all, if the DC, and the 4th Circuit, Courts of Appeals has already found that a requirement that employers post a notice of labor rights was a violation of the 1st Amendment, and the increasingly radical right wing of SCOTUS has become fairly explicitly partisan, and sabotaging labor organizing rights is good for the Republican Party.


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