Amicus Curiae Brief to the NLRB in Rio All-Suites Hotel & Casino

Abstract

This amicus brief urges the NLRB to uphold its ruling in Purple Communications, which recognized employees' limited right to use employer-provided email for NLRA-protected communications. In particular, the brief argues that preexisting Supreme Court precedent and basic principles of property law give employees in many instances the right to communicate with each other about protected topics using employers' electronic communications systems. The brief also argues that even after the Supreme Court's Janus v. AFSCME decision, Purple Communications is consistent with the First Amendment.

Keywords: Internet, E-Mail, Collective Action, Unions, Social Media, Texts, First Amendment, Free Speech

JEL Classification: K11, K31