Executive Summary: In a 3-1 decision, the National Labor Relations Board (“NLRB” or the “Board”) ruled that a property owner may exclude from its property off-duty contractor employees engaged in Section 7 activity unless (1) those employees work both regularly and exclusively on the property and (2) the property owner fails to show that the contractor employees have one or more reasonable nontrespassory alternative means to communicate their message. See Bexar County Performing Arts Center Foundation d/b/a Tobin Center for the Performing Arts and Local 23, American Federation of Musicians, Case 16-CA-193636 (August 23, 2019). In reaching this decision, the Board explicitly overruled New York New York Hotel & Casino and other cases inconsistent with this holding.
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