The National Labor Relations Board overturned Purple Communications and held that employers have the right to control the use of their e-mail and IT systems to restrict employee union and protected concerted activity.
The Board reversed the Obama Board’s controversial 2014 decision in Purple Communications. In that case, the Obama Board held that employees had a presumptive right to use employer e-mail systems on nonworking time for communications protected by Section 7 of the National Labor Relations Act (NLRA). Thus, employees could use an employer-provided e-mail system to further union organizing efforts during nonworking time.
In Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, the Board overruled Purple Communications. In doing so, the Board effectively reinstated the standard that existed prior to Purple Communications. Specifically, the Board held that employees do not have the right under the NLRA to use employer e-mail and other IT resources to engage in non-work-related communications. An employer may lawfully restrict the uses of e-mail and IT resources provided that, in doing so, the employer does not discriminate against union or other protected communications.
Read the source article at lexblog.com