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Copyright (c) 1983 Cornell Law Review
Cornell Law Review

NOTE: NLRB ORDERS GRANTING UNIONS ACCESS TO COMPANY PROPERTY.

August, 1983

68 Cornell L. Rev. 895

Author

Scott R. Haber and Craig B. Klosk

Excerpt

Section 10(c) 1 of the National Labor Relations Act 2 ("Act" or "NLRA") grants the National Labor Relations Board ("Board" or "NLRB") authority to issue orders as remedies for violations of the Act. The Act's language, however, offers little guidance regarding the scope of potential remedial orders. The Board recently expanded its class of available remedial orders to include, in the case of recidivist violators, the extraordinary remedy of nonemployee access to private company property. This remedy permits union representatives to enter conpany premises to communicate with employees. This Note evaluates the utility of the access remedy by examining the Board's general remedial powers, by analyzing applicable principles in an organizational setting, any by summarizing arguments for and against the remedy's use. Finally, guidelines are suggested to aid courts in resolving future cases in this area.

I

BACKGROUND PRINCIPLES

Section 10(c) of the Act 3 grants the NLRB authority to issue orders remedying unfair labor practices. In the past, the Board had limited itself to only a few types of remedial orders; ordinarily the remedies specifically suggested by the language of section 10(c). 4 Under a narrow view of its remedial powers, the Board usually issued orders requiring a party both to cease and desist from the unfair practice and to take appropriate action to ensure that the injured employee was made whole.

Over time, however, the Board experimented with new remedies to provide relief for atypical unfair practices. Unions had often requested the ...
 
 
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