Labor Board Wrongly Rejects Employee Access to Company Email for Organizational Purposes

SAMUEL ESTREICHER, CHRISTOPHER OWENS

NYU Law professor Samuel Estreicher and 3L Christopher S. Owens criticize a recent decision by the National Labor Relations Board (NLRB), in which it reversed course and rejected employee access to company email to discuss union issues. Estreicher and Owens explain that the NLRB commonly reverses its position on key policy issues such as this one when the political party in the White House changes, and they call for reforms that would make the administration of labor law more consistent and reliable.

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Frazier v. S.P.

Docket: 18-0785

Opinion Date: February 18, 2020

Judge: Jenkins

Areas of Law: Government & Administrative Law

The Supreme Court reversed the final order of the circuit court reversing the order of the Office of Administrative Hearings (OAH) revoking Respondent's driver's license for driving under the influence (DUI), holding that the OAH's findings were not clearly wrong and that the circuit court abused its discretion in substituting its judgment for that of the fact finder. After unsuccessfully challenging the revocation of her license with the OAH Respondent appealed to the circuit court. The court found that that OAH clearly erred in weighing the facts and in applying the law and legal standards and that OAH's final order was an abuse of discretion and was clearly erroneous. The Supreme Court reversed and remanded the case for reinstatement of the administrative order revoking Respondent's driver's license, holding that the circuit court abused its discretion when it substituted its own view of the evidence for that of the OAH.