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Overturning Precedent, the Board Broadens an Employer's Right to Control Its Property
Publication year - 2019
Publication title -
management report for nonunion organizations
Language(s) - English
Resource type - Journals
eISSN - 1530-8286
pISSN - 0745-4880
DOI - 10.1002/mare.30534
Subject(s) - business , general partnership , control (management) , property (philosophy) , law , law and economics , management , economics , political science , finance , philosophy , epistemology
A nonemployee union business agent came to a grocery store parking lot to solicit customers not to do business with that store. After the company had him peacefully ejected by police, he filed an unfair labor practice charge. Clearly, as a nonemployee, the union agent did not have the absolute right to access the property. However, the question before the National Labor Relations Board in Kroger Limited Partnership , 368 NLRB No. 64 (2019), was whether the agent had a right to access based on the fact that the company allowed Girl Scouts, the Salvation Army, and similar nonprofit groups access to its property to distribute information to the public and solicit sales or contributions to their causes. Because the employer let these groups on its property, did it also have to give the union agent equal access?