The National Labor Relations Board (“NLRB” or “Board”) capped off an extremely busy week, by issuing another precedent-reversing decision, on the last day of Republican Member John Ring’s 5-year term. In Bexar County II, 372 NLRB No. 28, the Board revised the standard and thus limited the circumstances property owners can limit access to off-duty … Continue Reading
In an Advice Memorandum released on May 25, 2022, NLRB General Counsel Jennifer Abruzzo laid out a blueprint for changes she’d like made to Board precedent concerning union representatives’ access to employer property. At issue is a pair of 2019 rulings by the NLRB in UPMC, 368 NLRB No. 2 (2019) and Kroger Ltd. P’ship, … Continue Reading
Citing judicial criticism, as well as the original Supreme Court decisions on the issue, the NLRB swept away years of precedent permitting union representatives to access public areas of an employer’s premises. In UPMC Presbyterian Shadyside, 368 NLRB No. 2 (June 14, 2019), the NLRB was confronted with the findings that an employer committed unfair … Continue Reading
In a decision affirming the National Labor Relations Board, the U.S. Court of Appeals for the District of Columbia Circuit has ruled that employees of a contractor working for a contract restaurant operator located in another employer’s hotel/casino, have a right to pass out handbills inside the hotel/casino at the entrance to the restaurant. NewYork-New … Continue Reading
Acting NLRB General Counsel Lafe Solomon reiterated a commitment to seek ways for unions to gain greater access to employer property during organizing situations, as well as gain greater leverage in first contract negotiations. In his GC Memorandum 11-11.pdf dated April 12, 2011, the Acting General Counsel identified the types of matters that are required to be … Continue Reading
Late last year, the Board invited interested groups to file briefs in Roundy’s, Inc., 356 NLRB No. 27 (2010), a case involving what legal standard should be applied to determine whether an employer has violated the NLRA when it prevents non-employee union representatives to access to its property. In Sanudsky Mall Co., 329 NLRB 618 (1999), … Continue Reading
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