In its third major ruling of the week, the National Labor Relations Board (the “Board”), divided 3-2 along party lines, limited the power of property owners to restrict union activity by their employees on company property. This decision overturns the much more favorable Trump-era rule.
In the case of Bexar County Performing Arts Center Foundation, the Board ruled that property owners may only remove a contractors’ workers from the owner’s property when the workers actions “significantly interfere” with the intended use of the property, or when the owner has “another legitimate business reason” to have them removed. The Board found the property owner violated National Labor Relations Act when it barred workers from the San Antonio Symphony from leafleting on Company property (the Bexar County Performing Arts Center). This decision reversed the Board’s prior ruling which required workers to “regularly and exclusively” work at a location in order to be permitted to protest on the owner’s property.
We anticipate this will be just the first of many cases to challenge the right of property owners to control what happens on their property. Employers should expect more of the same in 2023. Brody and Associates regularly advises its clients on all labor management issues, including union-related matters, and provides union-free training. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.
