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.
