4 NLRB Rulings Revamp Employer Private Property Rights

Law360 (December 16, 2019, 11:54 AM EST) -- Balancing employer property rights against employee rights to engage in concerted activity under the National Labor Relations Act has always been a tug of war. The rule is simple: There must be accommodation of those rights to engage and property rights with as little destruction of one as is consistent with the maintenance of the other.

The problem is that, as the Supreme Court noted in its 1976 Hudgens v. National Labor Relations Board opinion, "[the] locus of that accommodation … may fall at differing points along the spectrum depending on the nature and strength of the respective [NLRA] rights and private...

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