Section 8 Hudgens v. NLRB (1976)?Logan Valley Overruled; Private Property Rights and National Labor Relations Act to Be Accommodated on a Case-by-Case Basis

• Library: Employer-Employee Law 2008

In Hudgens v. NLRB, 424 U.S. 507 (1976), the owner of a retail store that was located in a privately owned shopping center threatened to have employees who were striking on the employer’s property arrested for trespass. The Supreme Court held that the holding in Lloyd Corp. v. Tanner, 407 U.S. 551
(1972), amounted to a total rejection of the rationale in the Amalgamated Food Employees Union Local 590 v. Logan Valley Plaza, Inc., 391 U.S. 308 (1968), decision; accordingly, the striking employees had no First Amendment right to enter the shopping center to advertise the facts of their labor dispute. The Court determined that the right to engage in trespassory activity in the exercise of NLRA § 7, 29 U.S.C. § 157, rights was to be analyzed under the NLRA, not the First Amendment. The Court cited the following factors in analyzing the accommodation between § 7 rights and private property...