Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: private property rights

Employers Get their Email Systems Back: NLRB Overrules Purple Communications

Posted in Employee Handbooks, Property Rights, Union Organizing
Nearly eighteen months ago, this blog asked whether employers will get their email system back. Last month, the NLRB answered with a resounding “yes”! In Caesars Entertainment, 368 N.L.R.B. 143 (2019), the NLRB overturned its prior decision in Purple Communications.  In doing so, the NLRB returned to its rule that employers may limit employee’s use of… Continue Reading

The NLRB Expands Employer Authority over its Publicly Accessible Spaces

Posted in Property Rights, Union Organizing
In a win for employers’ private property rights, the NLRB last month gave employers greater rights to control how their property is used, including what occurs on publicly accessible spaces within that property, like a cafeteria.  In UPMC Presbyterian Hospital, 368 N.L.R.B. No. 2 (2019), the NLRB held that “an employer may prohibit nonemployee union… Continue Reading

Will Employers Get Their Email Systems Back? NLRB Invites Briefs on Purple Communications

Posted in Employee Handbooks, NLRB, Union Organizing
Last Wednesday, the NLRB issued a notice and invitation for parties to file briefs to address how the board should treat its previous decision Purple Communications, Inc., 361 N.L.R.B. 1050 (2014).  As we explained when Purple Communications was decided, the NLRB held that employees who were given access to their employer’s e-mail system for work-related purposes… Continue Reading

Employers Must Allow Employees to Use Employer Owned and Operated Email Systems for Union Organizing

Posted in NLRB, Union Organizing
Since 2007, as a result of the NLRB’s Register Guard decision, an employer could lawfully limit the use of its email system by employees for certain non-business related activities, assuming that it applied the rule non-discriminatorily.  On December 10, 2014, in a 3-2 decision, the NLRB reversed the old rule established in Register Guard and… Continue Reading

Rule Restricting Access to Employer Property Held Unlawful

Posted in NLRB
By Nelson Cary and Cecil Patterson Recently, in Sodexo America LLC, 358 N.L.R.B. No. 79 (2012) (2-1), the NLRB found that a hospital policy restricting employees’ off-duty access to the hospital violated the NLRA. The policy provided that:   Off-duty employees are not allowed to enter or re-enter the interior of the Hospital or any other… Continue Reading

NLRB Expands Handbilling Rights on Private Property

Posted in NLRB
In New York New York Hotel & Casino, 356 N.L.R.B. No. 119 (2011), the Board expanded the right to handbill on private property.  The party accused of wrongdoing in this case was a casino.  Completely within the casino’s property, a different employer, pursuant to a subcontract with the casino, operated a restaurant.  The restaurant’s employees… Continue Reading