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NLRB Reverses Course and Creates Presumptive Right for Employees to Use Employers' Email Systems for Union Organizing

MSK Client Alert
December 2014

Earlier this month, the National Labor Relations Board (NLRB) held that employees who are given access to employer email systems for work purposes are now presumptively permitted to use those systems for certain union organizing and other concerted activities during non-working time. This decision reverses the Board’s 2007 decision in Register Guard, 351 NLRB 1110 (2007), calling its earlier decision “clearly incorrect.”

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