In Purple Communications, Inc. (Cases 21-CA-095151; 21-RC-091531; and 21-RC-091584), the administrative law judge, relying on Register Guard,  dismissed the allegation that the employer violated Section 8(a)(1) of the National Labor Relations Act by prohibiting use of its electronic equipment and email systems for activity unrelated to the employer’s business purposes.

The General Counsel and the charging party, the Communication Workers of America, AFL-CIO, have asked the Board to overrule Register Guard and adopt a rule that employees who are permitted to use their employer’s email for work purposes have the right to use it for Section 7 activity, subject only to the need to maintain production and discipline. Under Register Guard, employees do not have the right to use their employer's computers to engage in Section 7 activity.