The federal labor board’s legal arm said a pair of Trump-era precedents backing employers’ authority to restrict union access runs afoul of legal protections forbidding discrimination against unions.
The National Labor Relations Board general counsel’s office in an advice memo made public Wednesday laid out its basic reasoning for striking down the board’s 2019 ruling in UPMC, which allows employers to bar union representatives from public spaces in their facilities.
The memo also argues for nixing the NLRB’s 2019 decision in Kroger, which gives companies more leeway to boot unions from its grounds.
Although the general counsel’s office ...
Learn more about Bloomberg Law or Log In to keep reading:
Learn About Bloomberg Law
AI-powered legal analytics, workflow tools and premium legal & business news.
Already a subscriber?
Log in to keep reading or access research tools.