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Caesars Entertainment, 368 N.L.R.B. No. 143 (2019)

In Purple Communications, the National Labor Relations Board held that employees with access to an employer’s email system have the right to use the employer’s email for protected union communications. But five years later, a reconstituted board reconsidered this ruling in Caesars Entertainment.

Caesars Entertainment operated a hotel and casino in Las Vegas. Caesars’ computer-usage policy limited its employees’ nonbusiness use of the company’s email and computer systems.

A union filed charges with the National Labor Relations Board, alleging that Caesars’ computer rules unlawfully prohibited employee use of email for communications protected by Section VII of the National Labor Relations Act. Among other rights, Section VII protects employees’ rights to self-organize and engage in concerted activity for purposes of mutual aid or protection. The administrative-law judge, relying on Purple Communications, ruled for the union. Caesars appealed to the board.

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