News & Analysis as of

National Labor Relations Board Access to Employer Facilities Union Organizers

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... more +
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 -
McNees Wallace & Nurick LLC

NLRB Continues on an Employer-Friendly Roll

In a case that started back in February of 2013 – when Security called 9-1-1 and had police escort non-employee union organizers out of the employer’s cafeteria – the Board “modified” decades of its own precedent.  Sort of....more

Jackson Lewis P.C.

Representation-Case Procedures, Students As Employees, Access To Private Property On NLRB Rulemaking Agenda

Jackson Lewis P.C. on

Among the National Labor Relations Board’s (NLRB) rulemaking priorities under the National Labor Relations Act (NLRA) are its representation-case procedures, “blocking charge” and voluntary recognition standards, student...more

McCarter & English, LLP

NLRB Expands Employer Rights To Limit Activities Of Non-Employee Union Organizers

Since 1982, the National Labor Relations Board (“NLRB” or “Board”) has interpreted the National Labor Relations Act (“NLRA”) to prohibit employers from denying non-employee union organizers access to those parts of the...more

Fox Rothschild LLP

Keep Out: NLRB Allows Further Restrictions Of Union Access To Employers’ Property

Fox Rothschild LLP on

In a June 14, 2019 decision, the National Labor Relations Board clarified whether an employer may limit nonemployee union organizers from entering the employer’s private property. UPMC and SEIU, 368 NLRB No. 2. In doing so,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - June 2019 #3

Board Rules on Union Access. Late last week, the National Labor Relations Board issued a decision involving the balancing of employees’ statutory right to organize with employers’ private property rights. In the case, the...more

Faegre Drinker Biddle & Reath LLP

Employers No Longer Have to Allow Non-Employee Union Organizing on Their Property, NLRB Says

If part of an employer’s property is open to the public (such as a cafeteria or restaurant), can external union organizers use it to try to organize that employer’s workforce? For decades the National Labor Relations Board...more

Sherman & Howard L.L.C.

NLRB Says Organizer Access To Public Spaces Is Not On The Menu

Over thirty-five years ago, the NLRB held that an employer may not prohibit a union organizer’s access to an employer’s privately owned, but publicly accessible areas, such as an employer’s public restaurant or cafeteria,...more

Proskauer - Labor Relations Update

NLRB’s Acted More Like “Advocate Than Adjudicator” In Issuing Decision, DC Court of Appeals Concludes

When bargaining over an agreement, it is common to hear union representatives ask “why do we need such elaborate language in an agreement? We are always reasonable.” To which, the company usually responds, “We think you’re...more

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