On June 14, 2019, the National Labor Relations Board
(“NLRB”) issued another favorable decision for
employers who might find themselves facing union organizing
activities or other types of union solicitation. This latest
decision will make it significantly more difficult for unions to
solicit employees, strategize with supporters, or engage in similar
activities on an employer's property.
Historically, while federal labor law has recognized
employers' property rights, it has created certain exceptions.
For example, the U.S. Supreme Court recognized several decades ago
in NLRB v. Babcock & Wilcox Co. that an employer must
allow a union to access its property if the union could not
otherwise communicate with employees (e.g., if the
employees all lived on the property, such as in mining camps or
other remote worksites). As another example, the NLRB historically
recognized that, if an employer allowed the general public to
access its property, the employer could not bar
