Second and Ninth Circuits Address Balance Between Union Speech Rights and Employer Property Rights

Source: Jeffrey S. Bosley and Larae N. Idleman, Employee Relations Law Journal, Vol. 35 no. 1, Summer 2009

In this article, the authors discuss two circuit court cases which examine the balance between employer property rights and the rights if non-employees and unions to engage in organizing activity and other communications. These conflicting decisions, and the different analysis applied in each case, underscore the importance of careful review of restrictions on non-employee access and speech. The authors advise employers and property owners to continue ti monitor this evolving area of the law.

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