Executive Summary: In a 3-1 decision, the National Labor Relations Board (“NLRB” or the “Board”) recently ruled that employers may prohibit nonemployee union representatives from soliciting or promoting union membership within common areas of an employer’s business – such as public restaurants and cafeterias – as long as the employer does so in a non-discriminatory manner. See UPMC and its Subsidiary, UPMC Presbyterian Shadyside, Single Employer d/b/a UPMC Presbyterian Hospital and d/b/a UPMC Shadyside Hospital and SEIU Healthcare Pennsylvania CTW, CLC, Case 06-CA-102465 (June 14, 2019). This decision provides employers with greater control over the use of their facilities and explicitly overrules precedent inconsistent with this determination.
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