Employer Not Liable for Calling Police on Trespassing Union Activists

Here, the National Labor Relations Board concluded that ImageFIRST Uniform Rental Service Inc. interfered with employee rights under the National Labor Relations Act by calling police in response to leafletting and picketing outside its facility.

While the facility manager could ask police to remove the activists because they repeatedly trespassed on its driveway and on other company property, the manager could not eject the leafletters from a public road near the facility.

The holding is this case is not new or novel. Companies may stop union activists from engaging in leafletting, picketing, and other similar activity on private property, but are prohibited from stopping the same activity from occurring on a public right-of-way.

Matt Austin owns Austin Legal, LLC, a boutique law firm based in Ohio that limits its representation to employers dealing with labor, employment, and OSHA matters. You can reach Matt by calling him at (614) 843-3041 or emailing him at Matt@MattAustinLaborLaw.com.