Back to News

NLRB Ruling Bans Work Email for Union Organizing

Published on

December 27, 2019

The National Labor Relations Board continues to trend pro-employer in its December rulings, with the latest blow to unions coming in the form of a ban on using a company email account for union purposes.

In the recent Caesar’s Entertainment decision, the NLRB held that employees have no legal right to use the company’s computer equipment for union and other organizing purposes. The NLRB specifically overruled the Obama-era decision in Purple Communications that held that if an employer provides an employee with access to its email system, it cannot prohibit the employee from using the email system for union and organizing purposes. The board’s decision in Caesar’s Entertainment continues a trend of the NLRB overturning Obama-era pro union decisions.

In Caesar’s Entertainment, the company had an employee handbook that included general restrictions on the use of the company’s computers. Employees were prohibited from sharing non-business information. The board held that “an employer’s communication systems, including its email system, are its property. Accordingly, employers have a property right to control the use of those systems.” Company policies that prohibit employees from using a company’s email system for non-work purposes do not violate the National Labor Relations Act. The only exception to this rule is when a company’s email system furnishes the only reasonable means for employees to communicate with one another. This decision takes effect immediately.

In light of this decision, employers who changed their computer policies because of the Purple Communications decision, should immediately review those computer policies and once again prohibit employees from using the company’s computer systems for non-business purposes. Furthermore, employers should feel confident that they can enforce these policies without violating the NLRA.

If you have any questions about this ruling and what it could mean for your rules governing use of company email, please reach out to me or any member of the Barley Snyder Employment Practice Group.


Related News

View More News
Press Release
October 8, 2025

Barley Snyder Partner Kevin Moore Honored as Berks Catholic 2025 Distinguished Alumni Recipient

For Immediate Release Reading, Pa. – Barley Snyder is proud to announce that partner Kevin A. Moore has been recognized as ...

Learn More
News Alert
October 3, 2025

Government Shutdown Suspends E-Verify

As of October 1, 2025, a federal government shutdown has resulted in lapses in funding for certain agencies, including U.S. C...

Learn More
News Alert
September 22, 2025

New $100,000 Fee for H-1B Visa Petitions 

On September 19, 2025, President Trump issued a proclamation titled Restriction on Entry of Certain Nonimmigrant Workers. Th...

Learn More

Other Upcoming Events

View All Upcoming Events
Oct
14
2:30 pm
-
6:00 pm
event
Location

2025 Harrisburg Business Seminar

Learn More
Oct
30
2:30 pm
-
6:00 pm
event
Location

2025 Lancaster Business Seminar

Learn More
Nov
12
2:30 pm
-
6:00 pm
event
Location

2025 Reading Business Seminar

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
RECOGNIZED IN
Super Lawyers
Best Law Firms US News
Best Lawyers