NLRB Restores Employer Right to Restrict Employee Email Organizing

An employer’s email system is as much private property as its computer equipment or real estate. The National Labor Relations Board once again, if belatedly, has affirmed this fact. On December 16, the board in Caesars Entertainment voted 3-1 to reestablish the right of an employer to restrict employee use of company email and other information technology during nonworking hours. The ruling overturns the board’s Obama-era ruling in Purple Communications, which had concluded employees have a statutory right to use employer email for union purposes. Employer groups see the decision as vindication of property rights, free speech rights, and especially cyber security. Union officials and supporters, understandably, are taking a different view.

With email having become established at the workplace, it was inevitable that disputes would arise over its availability to promote unions. Employers generally hold that their email systems ought to be used for workplace issues that advance … Read More ➡