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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Hegger v. Valley Farm Dairy Co.

Docket: SC97993

Opinion Date: February 18, 2020

Judge: Powell

Areas of Law: Labor & Employment Law, Personal Injury

The Supreme Court affirmed the decision of the labor and industrial relations commission denying Claimants' claim for enhanced mesothelioma benefits under Mo. Rev. Stat. 287.200.4(3)(a), holding that because the deceased employee's employer (Employer) did not "elect to accept mesothelioma liability," Claimants were not entitled to the enhanced benefit. The decedent died from mesothelioma cause by toxic exposure to asbestos during his employment with Employer. Prior to his death, Claimants filed a claim for workers' compensation benefits and specifically sought enhanced benefits under subdivision 287.200.4(3)(a). An administrative law judge denied the claim. The commission affirmed the denial of the enhanced benefit, concluding that an employer that ceased operations sixteen years before section 287.200.4(3)(a) took effect could not have elected to accept enhanced liability under that section. The Supreme Court affirmed, holding that Claimants were not entitled to the enhanced benefit because Employer did not affirmatively elect to accept liability for the enhanced benefit as required under statute.