Bloomberg Law
June 14, 2019, 10:27 PMUpdated: June 15, 2019, 10:13 PM

Employers May Bar Union Solicitation in Their Facilities: NLRB (2)

Terence Hyland
Terence Hyland
Editor
Erin Mulvaney
Erin Mulvaney
Reporter
Hassan A. Kanu
Hassan A. Kanu
Legal Reporter

Employers may ban union representatives from promoting their union in a public space within the employer’s facilities if those representatives aren’t employees, the National Labor Relations Board ruled June 14.

The decision issued by the Republican majority of the labor board overturns a near 38-year old precedent that allowed nonemployee union representatives to use public areas of an employer’s workplace, like public cafes, to solicit for or promote their union membership so long as their actions weren’t disruptive.

Public spaces in hospitals, restaurants, casinos and hotels are often targeted by union representatives to solicit membership or organize on employers’ property ...