By George J. “Jerry” Oliver

In a June 14, 2019, decision, the National Labor Relations Board clarified whether an employer may limit non-employee union organizers from entering the employer’s private property. UPMC and SEIU, 368 NLRB No. 2. In doing so, the NLRB overruled a precedent held for nearly four decades that allowed non-employee union organizers to enter public spaces on an employer’s private property to convene with employees during union organizing activity. Employers may now prohibit non-employee union representatives’ access to the employer’s private property, including public spaces.

In February 2013, two non-employee union representatives met with a group of hospital employees in the cafeteria of the UPMC Presbyterian Hospital (“hospital”) in Pittsburgh, Pennsylvania, to discuss union organizational campaign matters and distribute union-related materials. The hospital permitted only patients, their families and visitors, and employees to use the cafeteria. Hospital security received two complaints about the presence of the un-permitted non-employee union representatives and following hospital protocol, security asked the union representatives to leave the hospital. When the union representatives refused to leave, hospital security requested the assistance of the police to escort the union representatives from the hospital. The union representatives subsequently filed charges alleging unfair labor practices against the hospital, arguing their presence for the purpose of solicitation and promotional activities is permitted in the hospital cafeteria, as the cafeteria is a public space.

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