Daily Document Update: HR Compliance Library, ¶46,159, NLRB sets new access standard: An employer may ban nonemployee union reps from public space within its facility

摘要

In a four-member decision, a divided NLRB ruled that employers may ban union representatives from promotingtheir union in a public space within the employer’s facilities if those representatives aren’t employees. To theextent that Board law created a "public space" exception that requires employers to permit nonemployeesto engage in promotional or organizational activity in public cafeterias or restaurants absent evidence ofinaccessibility or activity-based discrimination, the Board overruled those decisions. However, the Boardagreed with an administrative law judge that the employer acted unlawfully by requiring employees who weremeeting with nonemployee union organizers to produce identification. Member McFerran filed a separate opiniondissenting in part (UPMC and its Subsidiary, UPMC Presbyterian Shadyside, June 14, 2019).