Monday, March 28, 2011

Board Finds Las Vegas Casino Violated Labor Law When Off-Duty Employees Prohibited from Handbilling

In a case that balances an accommodation between the contractor employees’ rights under federal labor law and the property owner’s state-law property rights and legitimate managerial interests, the National Labor Relations Board (NLRB), in a 3-1 decision, found that a Las Vegas casino violated federal labor law by prohibiting off-duty employees of restaurants inside the casino from distributing handbills on casino property. In reaching this conclusion, the Board stated:

“[T]he property owner may lawfully exclude such employees only where the owner is able to demonstrate that their activity significantly interferes with his use of the property or where exclusion is justified by another legitimate business reason, including, but not limited to, the need to maintain production and discipline…”
The dissent believed that the Board perhaps went too in allowing handbilling inside of the casino and believed the rights of the off-duty employees in communicating could have been effectively achieved in other ways. Here is the press release on the case from the NLRB.

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