News & Analysis as of September 19, 2024

National Labor Relations Board › Private Property

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

The Supreme Court Sides with Employers on the Right to Sue Unions

McNees Wallace & Nurick LLC on 6/14/2023

On June 1, 2023, the United States Supreme Court held that a company could sue a union over intentional damage caused during a labor dispute. In Glacier Northwest v. International Brotherhood of Teamsters Loc. Union No. 174,...more

Supreme Court Rules that Union May Be Liable for Damage Caused by Strike

Benesch on 6/13/2023

In a strikeout for organized labor, the United States Supreme Court recently held that an employer may pursue a lawsuit based on damage caused to its property by a strike. Glacier Northwest, Inc., a company which...more

US Supreme Court Says Egregious Strike Misconduct Subject to Employer State Court Damages Action

Morgan Lewis on 6/12/2023

In a recent 8-1 decision, the US Supreme Court held that the National Labor Relations Act (NLRA or the Act) does not preempt state claims against unions for intentional property damage during a strike. The decision reaffirms...more

SCOTUS Opens the Door to Increased Union Liability for Strike Damages

Parker Poe Adams & Bernstein LLP on 6/9/2023

On June 1, 2023, the U.S. Supreme Court delivered an 8-1 opinion that limits the protections available to unions for damages caused during a strike. In Glacier Northwest v. International Brotherhood of Teamsters, Local Union...more

U.S. Supreme Court: Strike Does Not Protect Union from Lawsuit for Damage to Company Property

Miller Canfield on 6/7/2023

Can a union be sued by management for destroying company property during a strike? On June 1, 2023, the U.S. Supreme Court answered the question in the affirmative....more

NLRB Reverses Course to Limit Property Owners’ Right to Limit Off-Duty Access for Section 7 Activity

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/29/2022

In another ruling promoting a pro-labor agenda under the Biden administration, the National Labor Relations Board (NLRB) reverted to its pre-2019 precedent on the balance between the rights of property owners and the rights...more

The National Labor Relations Board Diminishes Private Property Rights. What Will It Mean?

Steptoe & Johnson PLLC on 12/22/2022

When is your property not entirely really your own? Well, the National Labor Relations Board (the Board) ended the week by giving an answer not many employers will like. On Friday, December 16, 2022, the Board issued a 3-2...more

Beltway Buzz - October 2022

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/10/2022

Nomination News. With control of the U.S. Senate in 2023 up for grabs, the Biden administration continues its push to fill agency leadership positions. Late last week, the Senate confirmed attorney Lisa Gomez to run the U.S....more

Top Five Labor Law Developments for September 2021

Jackson Lewis P.C. on 10/12/2021

1. National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo mandated the seeking of more aggressive remedies in unfair labor practice (ULP) cases. Office of General Counsel Memorandum GC 21-06, Seeking Full...more

Third-Party Access To Employer Property Under Court Scrutiny

Jackson Lewis P.C. on 9/30/2021

When assessing whether a private employer must allow others access to its private property for union organizational purposes, the National Labor Relations Board’s (NLRB) precedent often has hinged on whether the person...more

D.C. Circuit Court Rules NLRB’s Access to Property Test is Arbitrary

Proskauer - Labor Relations Update on 9/10/2021

General Counsel of the National Labor Relations Board, Jennifer Abruzzo, is already on her way to accomplishing one of the objectives she laid out in her recent Advice-Memorandum 21-04. In the GC’s memo, she identified a...more

Third Time The Charm? NLRB To Revisit Rights Of Contractor Employee Access To Employer Property

Jackson Lewis P.C. on 9/10/2021

The National Labor Relations Board (NLRB) must reconsider its newest ruling on the rights of certain employees to access private property to engage in activity on behalf of a union, the U.S. Court of Appeals for the District...more

Beltway Buzz - September 2021

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/7/2021

Joe Says “No.” Over the last several weeks, the Buzz has discussed congressional efforts to pass both a bipartisan “hard” infrastructure bill (this passed the U.S. Senate and is waiting in the U.S. House of Representatives),...more

SCOTUS to Consider Whether California Unconstitutionally “Takes” Private Property When It Compels Agricultural Employers to Grant...

Sheppard Mullin Richter & Hampton LLP on 11/20/2020

When it comes to whether unions have a right to enter an employer’s premises over the employer’s objections, California’s law is the polar opposite of the National Labor Relations Act (NLRA) and the law in most other states....more

EEOC, NLRB, DOL Plan to Issue Rules Governing Joint Employment

Littler on 11/21/2019

The Equal Employment Opportunity Commission, National Labor Relations Board, and the Department of Labor will all issue regulations governing joint employment, according to the federal government’s Unified Agenda of Federal...more

NLRB to Propose Rule Extending Employer Property Rights

Hinshaw & Culbertson LLP on 11/21/2019

Several recent decisions by the National Labor Relations Board (NLRB) have analyzed the balance between employer property rights and union organization rights under the National Labor Relations Act (NLRA). These decisions...more

Get Off My Lawn! Employers Gain Expanded Rights to Keep Unions Away from Their Property

Foley & Lardner LLP on 11/19/2019

The National Labor Relations Board (NLRB or the “Board”) has been steadily increasing employers’ rights to restrict union access to their facilities. Now the Board appears poised to codify the new rules of engagement in...more

NLRB Restores Employer Property Rights

Holland & Knight LLP on 11/6/2019

In NLRB v. Babcock & Wilcox, Inc., decided in 1956, the U.S. Supreme Court provided two exceptions to the general rule that an employer cannot be compelled to open its property to union organizers. The first exception applies...more

NLRB rules employer can remove labor organizers from its parking lot

Bricker Graydon LLP on 10/31/2019

The National Labor Relations Board (NLRB) recently issued another decision benefitting employers by holding that an employer does not violate the National Labor Relations Act (NLRA) when it removes from the employer’s parking...more

NLRB Issues Series of Decisions Protecting Employer Property Rights

Faegre Drinker Biddle & Reath LLP on 10/31/2019

The National Labor Relations Act (NLRA) provides that employees have a right to organize, bargain collectively and engage in protected concerted activities. The NLRA makes it an unfair labor practice for an employer “to...more

NLRB Strengthens Property Rights, Employers May Limit Off-Duty Access By Contractors’ Employees

Jackson Lewis P.C. on 9/30/2019

The National Labor Relations Board (NLRB) has ruled that a property owner lawfully may exclude off-duty contractor employees from engaging in leafletting and other Section 7 activity on its property, unless: (1) the...more

Employers Gain Flexibility to Regulate Nonemployee Access to Property under the NLRA

Littler on 9/18/2019

On September 6, 2019, the National Labor Relations Board (NLRB or Board) issued its decision in Kroger Limited Partnership I Mid-Atlantic, 368 NLRB No. 64, and officially rejected the idea that employers that allow civic and...more

Access To Private Property: Labor Board Rules Girl Scout Cookies And Union Protesters Are Different

Jackson Lewis P.C. on 9/18/2019

A nonemployee’s solicitation for charitable or civic causes on an employer’s property is not the equivalent of a nonemployee union representative’s engaging in a protest soliciting customers to boycott an employer or in union...more

NLRB Reverses Itself and Broadens Employer Property Rights in Restricting Access to Non-Employee Union Agents

Hinshaw & Culbertson LLP on 9/13/2019

The National Labor Relations Board (NLRB) has revisited the issue of when an employer may restrict access to its private property by non-employee union agents. In Kroger Limited Partnership, a union business agent was denied...more

NLRB Continues Trend to Protect Employer Property Rights

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/12/2019

Coming on the heels of its decision in Bexar County Performing Arts Center Foundation d/b/a Tobin Center for the Performing Arts, 368 NLRB No. 46 (2019) in which the Board rebalanced the rights of property owners versus...more

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National Labor Relations Board › Private Property

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