Thursday, November 18, 2010

NLRB Invites Briefs in Case Against Roundy's Not Allowing Nonemployee Union Access in Milwaukee-Area Stores

Earlier in the NLRB weekly summary of cases I directed your attention to a case out of Milwaukee involving grocery store chain Roundy's not allowing nonemployee union access 26 of its store locations. The issue began when the Milwaukee Building and Construction Trades Council begain distributing handbills in the common areas(sidewalks and parking lots) in front of 26 Roundy’s stores asking consumers not to patronize the shops, alleging that Roundy’s employed nonunion contractors that did not pay prevailing wages and benefits to build and renovate its stores. The picketing was peaceful and did not interfere with access to or egress from the stores. Roundy’s contacted the police in an effort to have the handbillers expelled.

An administrative law judge determined that at 23 of its store locations, Roundy’s possessed only a nonexclusive easement in the areas from which it attempted to expel the handbillers. The Board agreed with the ALJ and found that Roundy’s unlawfully prohibited handbilling in front of those stores. Now the Board is inviting all interested parties to file briefs regarding the question of what legal standard the Board should apply in determining whether an employer has violated the NLRA by denying nonemployee union agents access to its premises while permitting other individuals, groups, and organizations to use its premises for various activities.

For more and to view the invitation to submit a brief, click here for the official press release.

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