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Labor and Employment Law

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University of North Carolina School of Law

Faculty Publications

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Brief To The National Labor Relations Board By Amicus Curiae Professor Jeffrey M. Hirsch, Jeffrey M. Hirsch Sep 2018

Brief To The National Labor Relations Board By Amicus Curiae Professor Jeffrey M. Hirsch, Jeffrey M. Hirsch

Faculty Publications

In Purple Communications, Inc., 361 N.L.R.B. 1050 (2014), the NLRB set forth a new analysis covering employees’ use of employer-provided email. Under this analysis, which is based on the Supreme Court’s seminal decision in Republic Aviation Corp. v. NLRB, 324 U.S. 793 (1945), the Board presumes that employees who have access to their employer’s email as part of their work duties can use that email for Section 7 purposes during nonwork time. Purple Communications, 361 N.L.R.B. at 1063. The employer can rebut this presumption by showing that special business circumstances justify additional restrictions on employees’ email use. …


A Modern Union For The Modern Economy, Jeffrey M. Hirsch, Joseph A. Seiner Jan 2018

A Modern Union For The Modern Economy, Jeffrey M. Hirsch, Joseph A. Seiner

Faculty Publications

No abstract provided.