News & Analysis as of

Right of Access National Labor Relations Board

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

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

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

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

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

Fisher Phillips

Could Barring Former Employees From Your Premises Lead To A Lawsuit?

Fisher Phillips on

Hospitality employers open to the general public should be aware of a recent decision by the National Labor Relations Board (NLRB) with implications across the industry. In a 2-to-1 decision, the NLRB ruled that a hotel and...more

FordHarrison

Resource Update: NLRB's Continuing Expansion of Off-Duty Access Rights

FordHarrison on

Since the U.S. Supreme Court's landmark decision in Republic Aviation v. NLRB almost seventy years ago, courts and the National Labor Relations Board have been weighing employers' property rights against union rights under...more

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