Nancy Schiffer’s term with the National Labor Relations Board (“NLRB” or “the Board”) expired yesterday, but the Board made the most of its time with the former Associate General Counsel at the AFL-CIO and Deputy General Counsel of United Auto Workers. In the last week, the Board has changed several policies that have governed employment relations.

In Purple Communications, 361 NLRB No. 126 (December 11, 2014), the Board reversed its decision in Register Guard, and ruled that employees who have access to their employer’s company e-mail systems, may use that email system to engage in concerted activities on nonworking time. In short, employee union organizers may email their co-workers to solicit union support, so long as they send the email when during breaks or other nonworking time. For more see here.

In Babcock & Wilcox Constr. Co., 361 NLRB No. 132 (Dec. 15, 2014), the Board reversed a long established policy and ruled that it would no longer simply defer to arbitrations between employers and unions when the arbitrations deal with possible unfair labor practices. Instead, the NLRB will pursue unfair labor practice charges unless one party can show that the employer and union agreed to arbitrate the practice at issue and the arbitrator actually addressed the practice. For more see here.

Perhaps most alarming, the Board streamlined the procedures for employees seeking to elect an agent for collective bargaining with their employer. The Board severely limited the circumstances in which it will hold pre-election hearings and shortened the time for employers to discuss unionization with employees. For more see here.

In light of these developments, all employers should consider their supervisory structures and communications strategies, and should make plans now for training on labor issues.