The U.S. Court of Appeals for the D.C. Circuit has shot down a standard established by the Republican-controlled National Labor Relations Board (NLRB) during the Trump Administration that strengthened the right of employers to exclude off-duty contractor employees engaged in union organizing activity from their property.
In American Federation of Musicians (AFM) v. NLRB, No. 20-1010 (D.C. Cir. August 31, 2021), the D.C. Circuit rejected the Board’s determination in a 2019 ruling that a property owner could exclude from its premises off-duty contractor employees who engaged in otherwise protected activity under the National Labor Relations Act (NLRA) unless two narrow exceptions applied. The court found that the new test formulated in the Bexar County case was “arbitrary” and sent it back to the Board for further consideration. With the NLRB now under Democratic control, it is likely that a more labor-friendly test will be fashioned.
Members of the Center for Workplace Compliance (CWC) can read more here.