National, New York, Retail

Federal Court Says Employers Can Ban Union Organizers From Premises

August 12, 2017

By Tara Jessup

August 13, 2017
By Steven Wishnia and Neal Tepel
Washington, DC – A supermarket manager had the right to have union organizers arrested for refusing to leave the store, the federal District of Columbia Circuit Court of Appeals ruled Aug. 1. The case began in 2009 when a manager at a Fred Meyers supermarket in Portland, Oregon through a United Food and Commercial Workers organizer out of the store. When the UFCW came back the next day with seven organizers, a photographer, and the local’s president, the manager yelled at the workers not to talk to them, shouting that the union was stealing members’ money, and called the police, who arrested two organizers and the union head. The National Labor Relations Board upheld the UFCW’s claim of an unfair labor practice, saying that the union had a legal and contractual right to talk to members on the premises. The company appealed, and the D.C. Circuit Court of Appeals reversed the NLRB decision, ruling that the union organizers shouldn’t have argued with the manager, should have obeyed the police officers’ orders to leave, and if the manager’s actions violated the contract, the only thing they could legally do was obey and then grieve the issue. Read more

August 12, 2017

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