October 13, 2017
With a Republican majority on the National Labor Relations Board in place, HR Policy this week weighed in with the Ninth Circuit, which is reviewing the Obama Board's controversial decision requiring employers to allow their email systems to be used for union organizing and other concerted activities by their employees. HR Policy joined other business groups in an amicus curiae brief seeking to overturn the Board's 2014 Purple Communications, Inc. decision. HR Policy argued that not only did this ruling bring about unnecessary practical problems, but also violated the First and Fifth Amendments of the U.S. Constitution by compelling employers to allow their systems to be used to actively advocate against the interests of the employer. The Purple Communications case provides an opportunity for the Ninth Circuit to overturn one of the Board's most controversial rulings without having to wait for an appropriate case to come before the current Republican Board.