Oakland Mall

12 Cited authorities

Sears, Roebuck Co. v. Carpenters
436 U.S. 180 (1978) Cited 554 times 4 Legal Analyses
Holding that both state and federal courts must defer to the National Labor Relations Board when an activity is arguably protected under § 7 or prohibited by § 8 of the NLRA
Hudgens v. Nat'l Labor Relations Bd.
424 U.S. 507 (1976) Cited 543 times 1 Legal Analyses
Holding picketers "did not have a First Amendment right to enter [a privately owned] shopping center for the purpose of advertising their strike"
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
Eastex, Inc. v. Nat'l Labor Relations Bd.
437 U.S. 556 (1978) Cited 196 times 13 Legal Analyses
Holding that a newsletter that "urg[ed] employees to write their legislators to oppose incorporation of the state 'right-to-work' statute into a revised state constitution," "criticiz[ed] a Presidential veto of an increase in the federal minimum wage and urg[ed] employees to register to vote" was protected concerted activity
Republic Aviation Corp. v. Board
324 U.S. 793 (1945) Cited 495 times 34 Legal Analyses
Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."
Labor Board v. Fruit Packers
377 U.S. 58 (1964) Cited 236 times 1 Legal Analyses
Holding that NLRA section 8(b)(B) does not prohibit "peaceful picketing . . . limited . . . to persuading Safeway customers not to buy Washington State apples when they traded in Safeway stores"
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
Emery Realty, Inc. v. N.L.R.B
863 F.2d 1259 (6th Cir. 1988) Cited 11 times
In Emery Realty, Inc. v. NLRB, 863 F.2d 1259, 1264 (6th Cir. 1988), the court affirmed a Board decision finding that it was an unfair labor practice for a property owner to refuse to allow union handbilling.
Giant Food Markets, Inc. v. N.L.R.B
633 F.2d 18 (6th Cir. 1980) Cited 13 times
Observing that generally it will be easier to communicate with a specific number of discrete employees than with potential customers of a large retail store
Southern Services, Inc. v. N.L.R.B
954 F.2d 700 (11th Cir. 1992) Cited 3 times 1 Legal Analyses
In Southern Serv., Inc. v. N.L.R.B., 954 F.2d 700 (11th Cir. 1992), the Eleventh Circuit upheld a Board determination that a contractor providing janitorial services at a Coca-Cola manufacturer's site enjoyed the same organizational rights under the Act as the employer's employees did.

Oakland Mall

12 Cited authorities

Holding that both state and federal courts must defer to the National Labor Relations Board when an activity is arguably protected under § 7 or prohibited by § 8 of the NLRA

Holding picketers "did not have a First Amendment right to enter [a privately owned] shopping center for the purpose of advertising their strike"

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

Finding an absence of special circumstances where employer failed to introduce evidence of "unusual circumstances involving their plants."

Holding that NLRA section 8(b)(B) does not prohibit "peaceful picketing . . . limited . . . to persuading Safeway customers not to buy Washington State apples when they traded in Safeway stores"

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

In Emery Realty, Inc. v. NLRB, 863 F.2d 1259, 1264 (6th Cir. 1988), the court affirmed a Board decision finding that it was an unfair labor practice for a property owner to refuse to allow union handbilling.

Observing that generally it will be easier to communicate with a specific number of discrete employees than with potential customers of a large retail store

In Southern Serv., Inc. v. N.L.R.B., 954 F.2d 700 (11th Cir. 1992), the Eleventh Circuit upheld a Board determination that a contractor providing janitorial services at a Coca-Cola manufacturer's site enjoyed the same organizational rights under the Act as the employer's employees did.