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Lechmere

Lechmere. Employer may prohibit nonemployee union organizers from entering upon its property to organize employees provided employees are not otherwise inaccessible. Lechmere. Distinction between Employees, who have Section 7 Rights Nonemployees who do not have Section 7 Rights

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Lechmere

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  1. Lechmere • Employer may prohibit nonemployee union organizers from entering upon its property to organize employees provided employees are not otherwise inaccessible

  2. Lechmere • Distinction between • Employees, who have Section 7 Rights • Nonemployees who do not have Section 7 Rights • Unions and organizers • Rights of nonemployees derived from rights of employees • Balancing principle of Republic Aviation does not apply to nonemployees • Rejection of Board’s attempt to balance in Jean Country • Hudgens not applicable – involved employee activity • ees who do not reside on er’s property presumptively “not beyond reach” of reasonable union efforts

  3. LECHMERE Two-Part Analysis Did union have Reasonable Access to Employees off Of employer’s Property? Board may balance between Impairment of rights to organize And property rights, Per Republic Aviation and Jean Country No Yes Accommo- dation Exists, Trespass Not Permitted

  4. Lechmere Criteria • Babcock quote: “. . . that an employer may validly post his property against nonemployee distribution of union literature if reasonable efforts by the union through other available channels of communication will enable it to reach the employees with its message and if the employer's notice or order does not discriminate against the union by allowing other distribution.” (351 U.S. 105, 112) • Lechmere quotes • “. . . Babcock's holding that an employer need not accommodate nonemployee organizers unless the employees are otherwise inaccessible” (502 U.S. 527, 534) • “Because the employees do not reside on Lechmere's property, they are presumptively not ‘beyond the reach,’ . . . of the union's message” (502 U.S. 527,540) • Is Lechmere an application of or an extension of Babcock?

  5. Lechmere - Dissent • That inaccessibility would warrant union access does not mean other circumstances would not warrant union access • Babcock principle of “reasonable” access should be flexible • Court fails to defer to admin agency – Jean Country not unreasonable • Court should remand to Board for consideration of case under two-part test, not take over Board’s role

  6. Discrimination in Access? • Should employer be permitted to permit charitable groups to solicit, but ban unions from soliciting?

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