Part 3


Marking the beginning of May 2012,several labor organizations and other groups engaged in mass demonstrations across the U.S. These demonstrations are focused in large part on social justice issues, such as youth unemployment and alleged substandard wages for workers in the “99 percent."

And, of course, some of the protestors engage in a host of activities ranging from peaceful handbilling to trespassing on private property.

As these “May Day” protests reveal, property owners and managers are often called upon to respond when third parties, such as a union or other group, seek to obtain access to property to conduct demonstrations, handbilling, picketing, bannering or related activities.

In responding to these activities, however, property owners must tread carefully. Recent decisions from the National Labor Relations Board (NLRB) have expanded the rights of contractor employees, such as janitors, who are “regularly employed” on an owner’s property.

Because these decisions will have a significant impact on property owners’ ability to control and regulate access to their property, it is vital for property owners to stay updated as this area of law continues to develop.

Excerpted from Law360. To read the full article, please click here (subscription required).

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