Lechmere

1
Lechmere

• Employer may prohibit nonemployee union
  organizers from entering upon its property to
  organize employees provided employees are not
  otherwise inaccessible

2
Lechmere

• Distinction between
• Employees, who have Section 7 Rights
• Nonemployees who do not have Section 7 Rights
• Unions and organizers
• Rights of nonemployees derived from rights of
  employees
• Balancing principle of Republic Aviation does not
  apply to nonemployees
• Rejection of Boards attempt to balance in Jean
  Country
• Hudgens not applicable involved employee
  activity
• ees who do not reside on ers property
  presumptively not beyond reach of reasonable
  union efforts

3
LECHMERE Two-Part Analysis
Did union have Reasonable Access to Employees
off Of employers Property?
Board may balance between Impairment of rights
to organize And property rights, Per Republic
Aviation and Jean Country
No
Yes
Accommo- dation Exists, Trespass Not Permitted
4
Lechmere Criteria

• Babcock quote . . . that an employer may
  validly post his property against nonemployee
  distribution of union literature if reasonable
  efforts by the union through other available
  channels of communication will enable it to reach
  the employees with its message and if the
  employer's notice or order does not discriminate
  against the union by allowing other
  distribution. (351 U.S. 105, 112)
• Lechmere quotes
• . . . Babcock's holding that an employer need
  not accommodate nonemployee organizers unless the
  employees are otherwise inaccessible (502 U.S.
  527, 534)
• Because the employees do not reside on
  Lechmere's property, they are presumptively not
  beyond the reach, . . . of the union's
  message (502 U.S. 527,540)
• Is Lechmere an application of or an extension of
  Babcock?

5
Lechmere - Dissent

• That inaccessibility would warrant union access
  does not mean other circumstances would not
  warrant union access
• Babcock principle of reasonable access should
  be flexible
• Court fails to defer to admin agency Jean
  Country not unreasonable
• Court should remand to Board for consideration of
  case under two-part test, not take over Boards
  role

6
Discrimination in Access?

• Should employer be permitted to permit charitable
  groups to solicit, but ban unions from soliciting?