Union Access-to-Premises Rules are Tricky

An employer may prohibit union representatives from coming on to its property unless: The employer lets in other outside groups, such as cell phone companies or political candidates; or The employer and the union agree through negotiations, such as collective bargaining, to allow access. Unions have the right to be in areas on the employer’s premises that are…
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Union Members Allowed to Protest on Property Not Belonging to their Employer

Musicians should have been allowed to stand on private property while they protested a ballet company’ use of recorded music inside a performing arts center. This decision shows that the right of employees to engage in peaceful and non-disruptive labor activities may trump the interest of an employer to control access to its private property.…
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“The NLRB – Purposefully or Absentmindedly – Misrepresented Several of the ALJ’s Findings”

Unions have a knack at wanting to gloss over the details of contract language in collective bargaining agreements. This gives unions the ability to later allege a company violated the contract while the company is left without recourse to defend itself. Because of this, I insist on detailed collective bargaining agreements that leave very few…
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Union Loses ULP Alleging Walmart Acted Unlawfully by Removing Protesters to Public Sidewalks During Black Friday Protests

If your remember, OUR Walmart – a UFCW backed union organizing committee focused on Walmart – engaged in demonstrations and picketing outside of Walmarts across the country on Black Friday (the day after Thanksgiving) 2012. After their demonstrations were over, OUR Walmart filed unfair labor practice charges against Walmart alleging that Walmart violated labor laws during…
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Union Access Rights

Union organizing campaigns are increasing both in number and complexity. Companies going through union organizing drives want to limit the union’s ability to access the company’s property both physically (being in the parking lot, break room, walking the floors) and indirectly (through bulletin boards, having employees pass out flyers to coworkers). Now is a good time to…
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