Abstract

One of the stronger lightning rod issues for unions and employers alike is property access. For unions, access is highly valuable and sometimes essential so as to reach employees and deliver their message. For some employers, the thought of having to allow their property rights impaired by third‐party union organizers can be chilling. It comes as no surprise, therefore, that the law on property rights shifts as frequently as the political winds in Washington, D.C. It was only a matter of time until the current labor board shifted gears on property access, as it did in Bexar County Performing Arts Center Foundation, d/b/a Tobin Center for the Performing Arts, 372 NLRB No. 28 (2022).

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