DeBartolo Corp. v. Fla. Gulf Coast Trades Council

Holding that a union’s distribution of handbills at the entrances of a shopping mall was not threatening, coercing, or restraining within meaning of section 8(b) because there had been "no violence, picketing, or patrolling," and "no suggestion that the leaflets had any coercive effect on customers of the mall"

Hudgens v. Nat'l Labor Relations Bd.

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.

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.

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

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

Labor Board v. Electrical Workers

Upholding discharge where employees publicly disparaged quality of employer's product, with no discernible relationship to pending labor dispute

Diamond Walnut Growers, Inc. v. Nat'l Labor Relations Bd.

Sparks Nugget, Inc. v. N.L.R.B

In Sparks Nugget, the Ninth Circuit went further by finding that the inaccessibility exception does not apply at all in situations where customers, and not employees, are the target audience; alternatively, the court stated that, even if the exception were applicable, Lechmere would require a finding that the intended audience is presumptively not inaccessible "because the targets of the union protest do not reside on the employer's property."

Misericordia Hospital Medical Ctr. v. N.L.R.B

Finding no supervisory status where the employee in question "had no authority to do more than orally counsel and reprimand employees."

Southern Services, Inc. v. N.L.R.B

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.