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National Labor Relations Board › Union Organizers › Private Property

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

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

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

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

Jackson Lewis P.C.

Top Five Labor Law Developments for September 2021

Jackson Lewis P.C. on

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

Jackson Lewis P.C.

Third-Party Access To Employer Property Under Court Scrutiny

Jackson Lewis P.C. on

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

Proskauer - Labor Relations Update

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

Proskauer - Labor Relations Update on

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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Littler

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

Littler on

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

Hinshaw & Culbertson LLP

NLRB to Propose Rule Extending Employer Property Rights

Hinshaw & Culbertson LLP on

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

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Holland & Knight LLP

NLRB Restores Employer Property Rights

Holland & Knight LLP on

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

Bricker Graydon LLP

NLRB rules employer can remove labor organizers from its parking lot

Bricker Graydon LLP on

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

Faegre Drinker Biddle & Reath LLP

NLRB Issues Series of Decisions Protecting Employer Property Rights

Faegre Drinker Biddle & Reath LLP on

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

Littler

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

Littler on

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

Jackson Lewis P.C.

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

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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

Sheppard Mullin Richter & Hampton LLP

The NLRB Rules That Employers May Bar Union Representatives From Their Property Even Though They Have Allowed Other Third Parties...

Sheppard Mullin Richter & Hampton LLP on

Setting clear and reasonable standards for taking access to an employer’s private property is high on the National Labor Relations Board’s agenda. Not only is the Board talking about issuing formal rules in this area, but the...more

Fisher Phillips

Labor Board Further Tightens Union Access To Employer Property

Fisher Phillips on

Labor Board Further Tightens Union Access To Employer Property - In yet another ruling that levels the labor relations playing field, the National Labor Relations Board ruled on Friday that employers could rightfully...more

Stoel Rives - World of Employment

NLRB Gives Employers Greater Discretion to Limit Union Activity on Their Premises

Stoel Rives - World of Employment on

The National Labor Relations Board (the “Board”) recently issued a decision in UPMC Presbyterian Shadyside that reverses longstanding Board precedent and holds that employers no longer have to allow nonemployee union...more

Proskauer - Labor Relations Update

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

Proskauer - Labor Relations Update on

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...more

Benesch

NLRB Overrules Board Precedent and Returns to Pure Supreme Court Test Regarding Union Solicitation

Benesch on

On June 14, 2019, the National Labor Relations Board (“NLRB” or the “Board”) issued a 3-1 decision overturning a 38-year precedent regarding non-employee union access to public spaces within an employer’s property. UPMC, 368...more

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