News & Analysis as of

Property Owners National Labor Relations Board

FordHarrison

Don’t Let Unions Sink Their Teeth into Your Property Rights

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July is the best month of the year. It’s warm everywhere, even in Chicago. I look forward to the al fresco dining, outdoor concerts, neighborhood block parties, cookouts with family, and the beach. And sharks. July seems to...more

Amundsen Davis LLC

But Wait, There’s More – Additional Labor Law Developments You Need to Know About

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While we continue to absorb the impact of the National Labor Relations Board’s recent expansion of its authority to include awards for consequential damages in unfair labor practice (ULP) cases, there are other significant...more

Davis Wright Tremaine LLP

NLRB Makes It Harder for Property Owners to Expel Union Protesters

In a recently issued decision—Bexar II—a divided National Labor Relations Board again reversed employer-friendly standards, this time granting expanded property access to the off-duty employees of a property owner's...more

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

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

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

Steptoe & Johnson PLLC

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

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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

Constangy, Brooks, Smith & Prophete, LLP

NLRB loosens standard for letting off-duty contractor employees engage in protected activity on third-party premises

On Friday, the National Labor Relations Board, in a 3-2 decision in Bexar County Performing Arts Center Foundation II, changed the standard applicable to property owners seeking to restrict off-duty, outside contractor...more

Perkins Coie

Labor Law Today—2021 Year in Review

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The Board’s composition changed significantly during 2021, switching from a Republican to a Democrat-appointed majority. The five seats on the Board are traditionally filled by two Democrats, two Republicans, and a chairman...more

Proskauer - Labor Relations Update

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

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

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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

Obermayer Rebmann Maxwell & Hippel LLP

Apple’s Restriction of Employee Slacking Likely Unlawful

Verge reported last week that Apple banned employees from creating a Slack channel to discuss pay equity at the company. Apple claims that the channel violated its terms of use for its Slack channels, stating, “Slack channels...more

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

The Practical NLRB Advisor: Winter 2020

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the winter 2020 issue of the Practical NLRB Advisor. This special double issue offers readers a thorough year in review of...more

Hinshaw & Culbertson LLP

NLRB to Propose Rule Extending Employer Property Rights

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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

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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

Benesch

NLRB Continues to Tease Rule-Making Efforts; Now Focused on Supporting Recent Decisions Regarding Access to Employer Property

Benesch on

Last week, on November 7 at the American Bar Association’s annual labor and employment law conference, the National Labor Relations Board (“NLRB”) provided a glimpse into its upcoming intentions when discussing a planned...more

Holland & Knight LLP

NLRB Restores Employer Property Rights

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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

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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

Jackson Lewis P.C.

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

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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

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

NLRB Continues Trend to Protect Employer Property Rights

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

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...

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

Benesch

NLRB Continues to Define Employer Ability to Protect Property and Access; Overturns Union-Friendly Precedent

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On Friday, September 6, 2019, the National Labor Relations Board (the “Board”) issued its third decision of the summer regarding employers’ ability to restrict access by nonemployees to its property (see prior analysis: Board...more

Jackson Lewis P.C.

NLRB: Property Owners May Limit Off-Duty Access By Contractors’ Employees

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The National Labor Relations Board (NLRB) has ruled that a property owner lawfully may prohibit the off-duty employees of its on-site contractors (or licensees) from accessing its private property to engage in Section 7...more

ArentFox Schiff

NLRB: Property Rights Trump Off-Duty Employees’ Section 7 Rights

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In a split decision, the National Labor Relations Board (NLRB or the Board) ruled last week that a property owner that is not in any underlying labor dispute, does not have to grant access to off-duty employees of an onsite...more

FordHarrison

NLRB Further Expands Private Property Rights by Limiting Non-Employee Handbilling

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In a 3-1 decision, the National Labor Relations Board (“NLRB” or the “Board”) ruled that a property owner may exclude from its property off-duty contractor employees engaged in Section 7 activity unless (1) those employees...more

Benesch

NLRB Rules that Employers Can Prohibit Access of Off-Duty Employees of Contractors for Section 7 Rights

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A property owner generally has the right to control access to its property, including the rights to restrict hours of access, to prohibit certain activities when access is granted, and exclude or prevent access. These rights...more

Sherman & Howard L.L.C.

NLRB Drums Out Musicians And “New York New York”

The National Labor Relations Board (“NLRB” or “Board”) has reversed one of the Obama Board’s most fiercely debated decisions and held that a property owner may lawfully prohibit the employees of a contractor or licensee from...more

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