Abstract
The National Labor Relations Board has issued a 3‐1 decision overturning a 38‐year precedent regarding access by nonemployees, including union organizers, to public spaces within an employer's property, UPMC Presbyterian Shadyside, 368 NLRB No. 2 (2019). The decision returns the NLRB to the standard outlined by the US Supreme Court in a 1956 case that provided for only two exceptions to an employer's right to restrict nonemployee access to an employer's property. In the new case, the NLRB overruled an additional exception created by the Board in 1982.
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