Biden Labor Board Relaxes Standard for Access to Property (1)

December 16, 2022, 5:46 PM UTCUpdated: December 16, 2022, 7:42 PM UTC

The NLRB dumped its Trump-era legal test for deciding when property owners can lawfully exclude employees of contractors, reinstating an earlier standard that gives those workers more leeway to protest on a third-party’s property

Property owners can prohibit off-duty contract workers from holding labor protests only if they show the activity would significantly interfere with the use of the property, or when barring the workers is justified by another legitimate business reason, the National Labor Relations Board’s Democratic majority said in its 3-2 ruling Friday.

The NLRB’s decision reverting to the standard from its 2011 ruling in New York, New ...

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