Section 15 Beyond Organizing Activity

• Library: Employer-Employee Law 2008

Lechmere, Inc. v. NLRB, 502 U.S. 527 (1992), was decided in the context of labor organization. But the Lechmere doctrine has been expanded into other areas, including area standards activity, which involves protests against an employer for providing compensation that is below the “area standard.” The purpose of this activity is to cause the employer to adopt a compensation plan that corresponds to the area standard negotiated by the union in question. The union usually informs the employer in advance that its compensation is below the area standard; activity begins if the employer refuses to raise its compensation.

The Third Circuit has specifically held that Lechmere, 502 U.S. 527, does apply to area standards handbilling and a nonemployee’s right of access to the employer’s property in general. Metro. Dist. Council of Philadelphia & Vicinity United Bhd. of Carpenters & Joiners of Am., AFL-CIO v. NLRB, 68 F.3d 71 (3^rd Cir. 1995). In Metropolitan...