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A Private Company Does Not Impede the Right of Employees to Organize Unions When a Private Company Prohibits Employees from Using Email for That Purpose

In the case of Caesars Entertainment d/b/a Rio All-Suites and International Union of Painters and Allied Trades, District Council 16, Local 159, AFL-CIO, No. 28-CA-160841 (Dec. 16, 2019), the National Labor Relations Board (“NLRB”) held that a private company does not impede the right of employees to organize unions when a private company prohibits employees from using email for that purpose.

In this case, a private company maintained rules that restricted the use of company email which included restrictions on the ability for employees to engage in communications to organize unions Section 7 of the National Labor Relations Act.

The NLRB held that a private company does not impede an employee’s right under Section 7 of the National Labor Relations Act to make communications for the organization of unions by prohibiting an employee from using the company email for that purpose. The NLRB reasoned that employees would have ample access to other communication media to organize unions such as through smartphones and social media.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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