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Subsequently, however, a divided Board in Purple Communications, Inc.

In Register Guard, the Board held that this precedent, and the principle for which it stands, applies with equal force to an employer's email system. But decades of Board precedent establish that the Act generally does not restrict an employer's right to control the use of its equipment. The Supreme Court approved this “adjustment between the undisputed right of self-organization assured to employees under the” Act and “the equally undisputed right of employers to maintain discipline in their establishments” in its seminal decision in Republic Aviation Corp. The Board has long held that with regard to oral solicitation during nonworking time and the distribution of literature during nonworking time in nonworking areas, the Act does limit an employer's property right to control the use of its premises.

Accommodation between the two must be obtained with as little destruction of one as is consistent with the maintenance of the other.” In deciding this issue, we are guided by the Supreme Court's admonition that “rganization rights are granted to workers by the same authority, the National Government, that preserves property rights.

The question presented here is whether that property right must give way where employees seek to use the Respondent's IT resources for Section 7 activity. The Respondent indisputably has a property right to restrict employee use of its equipment, including its IT resources. The issue before us is whether the National Labor Relations Act requires the Respondent to permit employees to use its email and other information-technology (IT) resources for the purpose of engaging in activities protected by Section 7 of the Act. United States of America, National Labor Relations Boardīy Chairman Ring and Members McFerran, Kaplan, and Emanuel Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino and International Union of Painters and Allied Trades, District Council 16, Local 159, AFL-CIO.

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