Kroger Mid-Atlantic

10 Cited authorities

Lechmere, Inc. v. Nat'l Labor Relations Bd.
502 U.S. 527 (1992) Cited 156 times 18 Legal Analyses
Holding that Board erred in finding that employer should have allowed union on its premises because it had no other way to reach its target audience, inasmuch as in reaching its decision the Board misconstrued prior Supreme Court precedent
Labor Board v. Babcock Wilcox Co.
351 U.S. 105 (1956) Cited 294 times 19 Legal Analyses
Holding that the Board could not require an employer to allow non-employee union representatives to enter the employer's parking lot
Patel v. Scotland Memorial Hosp
91 F.3d 132 (4th Cir. 1996) Cited 55 times 1 Legal Analyses
Holding that a realtor association's database was not a “trade secret” because it had been “distributed widely to its realtor members and potential purchasers”
Be-Lo Stores v. N.L.R.B
126 F.3d 268 (4th Cir. 1997) Cited 21 times 3 Legal Analyses
Holding that the Board did not properly analyze Gissel in reaching a determination that mandatory bargaining was an appropriate remedy
Sandusky Mall Co. v. N.L.R.B
242 F.3d 682 (6th Cir. 2001) Cited 16 times 4 Legal Analyses
Holding that the alleged discriminatory conduct in allowing solicitation by one group while barring such solicitation by another requires that the discrimination be among comparable groups or activities
Salmon Run Shopping Center LLC v. Nat'l Labor Relations Bd.
534 F.3d 108 (2d Cir. 2008) Cited 8 times 1 Legal Analyses
Observing that reversal based on factual findings is warranted only if "no rational trier of fact could reach the conclusion drawn by the Board"
Cleveland Real Estate Partners v. Nat'l Labor Relations Bd.
95 F.3d 457 (6th Cir. 1996) Cited 16 times
Recognizing that "there is a substantial difference between the rights of employees and of nonemployees with respect to the distribution of union literature on privately owned property"
Albertson's Inc. v. N.L.R.B
301 F.3d 441 (6th Cir. 2002) Cited 7 times
Holding that, under Lechmere, an employer may bar nonemployee union representatives from distributing handbills on the employer's property informing the employer's patrons of the union's economic strike with one of the employer's suppliers
United Food Commercial Workers v. N.L.R.B
74 F.3d 292 (D.C. Cir. 1996) Cited 9 times
Finding that employer may deny access to nonemployees seeking to trespass on the employer's property for purpose of distributing handbills to customers regarding "boycott" activity
Serv-Air, Inc. v. N.L.R.B
395 F.2d 557 (10th Cir. 1968) Cited 28 times
Applying special circumstances approach to rule banning the wearing of multiple badges

Kroger Mid-Atlantic

10 Cited authorities

Holding that Board erred in finding that employer should have allowed union on its premises because it had no other way to reach its target audience, inasmuch as in reaching its decision the Board misconstrued prior Supreme Court precedent

Holding that the Board could not require an employer to allow non-employee union representatives to enter the employer's parking lot

Holding that a realtor association's database was not a “trade secret” because it had been “distributed widely to its realtor members and potential purchasers”

Holding that the Board did not properly analyze Gissel in reaching a determination that mandatory bargaining was an appropriate remedy

Holding that the alleged discriminatory conduct in allowing solicitation by one group while barring such solicitation by another requires that the discrimination be among comparable groups or activities

Observing that reversal based on factual findings is warranted only if "no rational trier of fact could reach the conclusion drawn by the Board"

Recognizing that "there is a substantial difference between the rights of employees and of nonemployees with respect to the distribution of union literature on privately owned property"

Holding that, under Lechmere, an employer may bar nonemployee union representatives from distributing handbills on the employer's property informing the employer's patrons of the union's economic strike with one of the employer's suppliers

Finding that employer may deny access to nonemployees seeking to trespass on the employer's property for purpose of distributing handbills to customers regarding "boycott" activity

Applying special circumstances approach to rule banning the wearing of multiple badges