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:: Monday, February 02, 2004 ::

Union Representative Access to Employer Property I Labor and the Law, IRRA
In Lechmere, the U.S. Supreme Court held that the union organizers had no legal right to enter an employer’s property to talk with workers about unionization. Recent cases suggest this is not a blanket prohibition. Rather, its dimension depends on the property laws of the state where the jobsite is and the status of the union representatives.

In a recent case, a non-union general contractor hired a union subcontractor whose collective bargaining agreement contained a union-access clause. When union representatives went to the jobsite, the general contractor's superintendent ordered them to leave. The general contractor contended that its property interests let it exclude the union representatives. However, the Court of Appeals held that the contractor could not interfere with the union representatives’ protected activity relating to the union subcontractor and its employees in the name of private property interests. The court held that union access was necessary so the subcontractor's employees could enjoy the benefit of their collective bargaining agreement and their rights to representation guaranteed by the NLRA. Wolgast Corp. v. NLRB, ___ F.3d ___ (6th Cir. 2003)

posted 6:48 AM :: reference link :: 0 comments ::

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