In the case of Kroger Limited Partnership I Mid-Atlantic and United Food and Commercial Workers Union Local 400., No. 05-CA-155160 (Dec. 13, 2019), the National Labor Relations Board (“NLRB”) held that a private company does not lose the right to exclude non-employee union representatives from the private company’s property by allowing civic organizations onto the private company’s property because the activities of civic organizations are not similar in nature to a union organization.
In this case, a private company removed non-employee union representatives from the private company’s property after the union representatives entered its property to distribute union material. The non-employee union representatives sued the private company arguing that the non-employee union representatives were discriminated against under Section 7 of the National Labor Relations Act because the private company allowed various civic organizations such as the Salvation Army onto the private company’s private property.
The NLRB held that a private company does not lose the private company’s property right to exclude non-employee union representatives by allowing civic organizations onto the private company’s property because the activities of civic organizations are not similar in nature to a union organization.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.