Shopping for access after Lechmere

Article Abstract:

Several trends and events affecting public use of private property counter the union-restricting effect of the US Supreme Court decision in Lechmere v NLRB. The latter concerned a private parking lot with a no-solicitation rule that non-employee unionists sought to use to reach non-union employees. The court found, 6-3, that the precedent of NLRB v Babcock and Wilcox outweighed other precedents the NLRB favored. A law in CA and a ruling by NJ's court restrict the private-property rights of mall and shopping center owners.

Laws, regulations and rules, Public forum doctrine (Law)

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Unfair labor practice filings in organizing elections - new data and analysis

Article Abstract:

Trade unions file complaints of unfair labor practices against employers in 20% of the union organizing drives conducted under the National Labor Relations Act. A survey covering two presidential appointment periods of the National Labor Relations Board and the hospital industry in different regions confirms these results. The consistency of the rate suggests operational stability in the NLRB. Unfair labor complaint filings and whether these filings had merit did not seem to affect the results of union elections.

Management, Investigations

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Distinguishing 'Lechmere': union organizers' access to employers' property

Article Abstract:

The Supreme Court Lechmere ruling disheartened union organizers because it seemed to foreclose opportunities to work on employer's property but there are other possibilities. If the employer discriminates, Lechmere does not limit access rights of the non-employee union organizer. Moreover, if the employer does not own the property the union organizer can distribute literature and talk to employers. With the support of pro-union employees of the targeted employer these plans can be successful.

Cases, Right of property, Property rights

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