With Strong Dissent, Board Again Affirms Employees' Right to Use Company E‐mail for Organizing

In its infamous 2014 Purple Communications ruling, the National Labor Relations Board found that under most circumstances an employer's interest in confidentiality or protecting its own property is outweighed by employees' right to use e‐mail during nonwork time as a means for engaging in union organizing. Under the NLRB's standard articulated in the Purple case, an employer that maintains a policy prohibiting employees from all use of company e‐mail during nonwork time violates the National Labor Relations Act.