Abstract

In Purple Communications, the National Labor Relations Board majority held that the National Labor Relations Act requires employers to allow any of their employees who use e-mail as part of their jobs to use their work e-mail to communicate with coworkers and outsiders about their wages and working conditions and about joining a union. What is wrong with ordering employers to let workers spend “nonwork time” sending each other e-mails about upcoming union meetings or what the union says it could do for them? Where should we start?

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