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NLRB Continues Trend to Create a More Business Friendly Environment by Reversing Obama-Era Labor Decisions

MSK Client Alert
January 6, 2020

In a burst of year-end activity, the National Labor Relations Board (“NLRB”) largely overturned multiple Obama-era labor decisions and returned to long-standing NLRB precedents that favor employer’s property rights and abilities to regulate the workplace.  Here, we will look at these rulings and how they impact federal labor law.

Caesars - Employers may restrict employees’ email use to business purposes

Employees do not have a statutory right under the NLRA to use their employer’s email system or other information technology (“IT”) resources for NLRA Section 7 purposes.  In doing so, the NLRB reversed its 2014 ruling in Purple Communications that held workplace rules prohibiting employee email use for Section 7 activity were presumptively invalid. (Section 7 of the National Labor Relations Act guarantees employees "the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection," as well as the right "to refrain from any or all such activities.")

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