Here’s a case out of the D.C. Circuit Court of Appeals involving union activity and handbill-passing by non-employees.

It’s settled law that a property owner can’t bar its employees from distributing union-related handbills. It’s also well settled that the same law does not apply to non-employees.

Here’s where the D.C. Court offered some clarity.

The employees passing out the handbills in this case were not employees of the hotel, but employees of an onsite restaurant. Employees are permitted to pass out union-related handbills at their place of employment, but the hotel chain argued that these contractors fell under the same category as non-employees, largely because they were not employees of the hotel.

As on-site contractors, however, their place of work was the hotel. This point was reiterated by Justice Karen LeCraft Henderson in her concurring opinion.

In upholding the NLRB ruling, the D.C. Circuit Court of Appeals refused to look into the substantive legal arguments, saying deference had to be granted to the NLRB.

The judges held that this was a question for the NLRB to decide and granted an application by the NLRB to enforce its order.

Related Resources:

  • New
  • York-New York, LLC v. NLRB (D.C. Circuit Court of Appeals)Browse D.C. Circuit Court
  • of Appeals Decisions (FindLaw Cases)NLRB’s
  • ‘Employee Rights’ Poster Rule on Hold (Reuters)

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