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HR Alert: Employers May Limit Non-Employees From Promoting Union Activity in Certain Spaces

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This month the National Labor Relations Board (“NLRB”) overturned longstanding law that limited the ability of an employer to exclude non-employees from promoting union activity in the employer’s public spaces.

The underlying scenario had non-employees promoting union activity in a hospital’s cafeteria which was generally open to the public. The hospital removed the non-employees who were promoting union activity removed.

In a win for the employer, the NLRB reasoned that an employer may decide what types of activities, if any, it will allow by non-employees on its property. Simply put, the fact that an employer’s space is open to the public doesn’t guarantee non-employees the right to discuss union activity in that space.

Employers must remain mindful not to exclude activity in a manner that is discriminatory towards unions, however. There also is an exception to this rule where a union can establish that it has no other manner by which to access and communicate with employees.

This decision expands employer discretion under the National Labor Relations Act . If you’re an employer with questions about whether your policies comply with this law and others, contact us. The attorneys at The Coppola Firm are glad to assist you.

Lisa Coppola

Written by Lisa Coppola

Founder of The Coppola Firm

Lisa A. Coppola, Esq. understands the challenges her clients face, whether they’re starting a new business, taking their existing operations in a new direction, or facing a claim or threat.

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