On September 6, 2019, the National Labor Relations Board (NLRB or Board) issued its decision in Kroger Limited Partnership I Mid-Atlantic, 368 NLRB No. 64, and officially rejected the idea that employers that allow civic and charitable organizations to fundraise on their property must also allow nonemployee union agents to solicit on employer property in whatever manner they choose. In light of Kroger, employers may distinguish between those nonemployee activities they will and will not allow based on the nature of the activities.
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