Section 17 Incumbent Union?s Access to Property
Library | Employer-Employee Law 2008 |
All of the cases applying Lechmere, Inc. v. NLRB, 502 U.S. 527
(1992), have involved the union’s attempt to access an employer’s property to either:
- picket and handbill to persuade employees to join the union
- protest the payment of nonunion wages; or
- protest the use of nonunion workers at an employer’s site
A test similar to Lechmere has also been applied in cases such as Brown Shoe Co. v. NLRB, 33 F.3d 1019 (8th Cir. 1994), to determine an incumbent union’s right of access to an employer’s property to properly represent its member employees. In Brown Shoe, the employer denied access to a union...
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