Labor Relations Update

Tag Archives: private property

Access Denied: Supreme Court Finds California Regulation Permitting Union Access to Employer Property Constitutes An Unconstitutional Taking

In a 6–3 decision, the U.S. Supreme Court held on June 23, 2021 that a California regulation granting labor organizers the “right to take access” to agricultural employers’ private property to solicit union support violated the Takings Clause of the U.S. Constitution. See Cedar Point Nursery et al. v. Hassid et al., USSC Case No. … Continue Reading

Employers No Longer Have To Allow Union Representatives Use of Public Areas, NLRB Majority Rules

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

NLRB Permits Contractor Employee Handbilling Inside Las Vegas Casino

In a 3-1 decision, the National Labor Relations Board found that a Las Vegas casino violated Section 8(a)(1) of the National Labor Relations Act by prohibiting off-duty employees of a lessee restaurant from distributing handbills to restaurant patrons on the lessor casino’s premises.  The case, New York New York, LLC, 356 NLRB No. 119, was … Continue Reading
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