Amicus Brief: AHA-FAH Amici Brief (Caesars Entertainment Corp.)

CAESARS ENTERTAINMENT CORPORATION d/b/a RIO ALL-SUITES HOTEL AND CASINO and INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES, DISTRICT COUNCIL 15, LOCAL 159, AFL-CIO, Case 28-CA-060841

Download the full amicus brief (PDF)

In response to the Board’s Notice and Invitation to File Briefs dated August 1, 2018, the American Hospital Association (“AHA”) and the Federation of American Hospitals (“FAH”) respectfully submit this brief as amici curiae in support of Respondent.

The Amici strongly support the return to the Register Guard, 351 NLRB 1110 (2007), standard for accessing employer-provided email systems and applying that standard to all employer-owned communication systems. Register Guard adequately protects employee Section 7 rights and is consistent with the Board’s longstanding rules regarding employee use of employer property. Under Register Guard, an employer is permitted to limit employee use of employer provided work email systems unless the employer engages in “disparate treatment of activities or communications of a similar character because of their union or other Section 7-protected status.” Id. at 1119. Thus, an employer would not be prohibited “from drawing lines on a non-Section 7 basis” that regulate access by employees. Id. at 1118. Purple Communications, 361 NLRB 1050 (2014), on the other hand, upended this framework and was wrongly decided for the reasons discussed in the amici curiae brief of the Coalition for a Democratic Workforce and the Retail Industry Leaders Association.1 The AHA and the FAH joins those amici briefs and will not repeat those arguments here.

Related Resources

AHA Center for Health Innovation Market Scan
Amazon Alexa is now HIPAA compliant. The company recently launched six Alexa voice health tools built by providers, payers, pharmacy benefit managers and…
Letter/Comment
On behalf of the nearly 5,000 member hospitals, health systems and other health care organizations, and our clinician partners – including more than 270,000…
Letter/Comment
Public
AHA comments on HHS' request for information on modifying Health Insurance Portability and Accountability Act of 1996 (HIPAA) rules to improve coordinated care.
Letter/Comment
Public
AHA letter to the House expressing support of H.R. 6082, the Overdose Prevention and Patient Safety (OPPS) Act, which would align 42 CFR Part 2 with the Health…
Letter/Comment
Public
AHA letter to Representatives Greg Walden, and Frank Pallone expressing support for The Limited Repeal of the IMD Exclusion for Adult Medicaid Beneficiaries…
Letter/Comment
Public
AHA reiterates support for legislation to align 42 CFR Part 2 with HIPAA.