Employer Can Eject Union Representatives
The NLRB faced findings that an employer committed unfair labor practices when it ejected two union representatives from a hospital cafeteria that was open to the public. The two non-employee union representatives were conducting union activities. When hospital security was dispatched the officer confronted the representatives and told them they had to leave because the cafeteria was only for patients, their families and visitors, and employees. The union filed charges alleging violations of the National Labor Relations Act and prevailed before an administrative law judge. A National Labor Relations Board (NLRB) panel concluded the employer did not unlawfully eject the union representatives or unlawfully surveil employees. The NLRB overruled precedent that it deemed created a “public space” exception requiring employers to permit nonemployees to engage in promotional or organizational activity in public cafeterias or restaurants absent evidence of inaccessibility or activity-based discrimination. The Board established a clear rule, which it applied retroactively, that an employer does not have a duty to allow the use of its facility by nonemployees for promotional or organization activity, unless accessibility or discrimination is a factor.