New York Law Journal

Authors: Cindy Schmitt Minniti

The National Labor Relations Board's (NLRB or Board) recent decision that private companies must cede access and use of its email communications systems to their employees for non-work related speech arguably amounts to an unconstitutional usurpation of those companies' property rights.

The Board will likely extend its acknowledged infringement of property rights by expanding its ruling to encompass company-created social media and other communications platforms. In this regard, the Board seemingly considers itself a labor relations-era Robin Hood—taking away resources from employers and giving them to employees.

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