National Labor Relations Board

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Case Updates

Prohibition of union hand billing on business premises

September 01, 2015

An RD Order was issued 9/1/2015.

This document may require redactions before it can be viewed. To obtain a copy, please file a request through the NLRB's FOIA Branch.

NCLC files amicus brief

January 07, 2011

After a request from the National Labor Relations Board, NCLC filed a brief urging the NLRB to rule that a grocery store is not liable for discrimination for refusing to allow a union to distribute handbills on its property. NCLC argued that the NLRB should overrule its decision in Sandusky Mall. In Sandusky Mall, a shopping mall was held liable for prohibiting non-employee union representatives from distributing materials while permitting charitable and civic organizations to post flyers and hold events on the mall’s property. NCLC argued that an employer has the right to control access to private property and can draw reasonable distinctions between the nature of a union’s organizing efforts and the efforts of charitable organizations. NCLC also noted that the NLRB's decision in Register Guard does not apply to discrimination against non-employees who are not similarly situated.

Case Documents