Wolgast decision precedent-setting By JEAN SPENNER, THE SAGINAW NEWS
Wolgast, a nonunion general contractor that uses both union and nonunion subcontractors, hired Acoustical Arts Inc. for expansion at Cinema Hollywood in Birch Run. Carpenters and Joiners of America Local 706, headquartered in Saginaw, had a contract with Acoustical that allowed union representatives to have access to workers at all times 'where possible.'
In October 1999, a Wolgast supervisor ordered two union representatives off the site when they tried to meet with a new Acoustical employee and check on the safety of the work area. A National Labor Relations Board administrative law judge found that Wolgast violated the National Labor Relations Act.
In September 2003, the U.S. Court of Appeals for the Sixth Circuit upheld the decision after hearing Wolgast's argument that an employer's property is private.