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NLRB Standard for Access to Property Overturned by D.C. Circuit

Aug. 31, 2021, 7:27 PM

A federal appeals court in Washington struck down the National Labor Relations Board’s Trump-era legal test for deciding when property owners can lawfully exclude employees of contractors, sending the case back to the now-Democratic majority board.

The NLRB’s framework allowing property owners to bar contract workers unless they work “regularly and exclusively” on the property is arbitrary and internally inconsistent, the U.S. Court of Appeals for the District of Columbia ruled Tuesday.

The board also misapplied a separate part of its new legal test in its 2019 Bexar County (Tobin Center) decision, the court said.

The case gives the NLRB ...

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