The NLRB solicited amicus briefs to resolve the issue of the proper definition of “discrimination” in cases where employers deny nonemployee union organizers access to the employer’s property. The NLRB’s interpretation of the current rule forces business owners to permit union organizers to conduct a boycott on the business’ private property.
NFIB argued that it is wrong to require a business owner to allow union organizers onto their private property for the purpose of harming the business. Since boycotts are especially devastating to small businesses, the Board’s current interpretation impermissibly intrudes on business owners private property rights.
Status: PENDING. Filed Amicus Brief on 1/7/11.