The Washington Times: Union fight pits rights of free speech, private land

With a full complement of members after President Obama’s recent recess appointments, the National Labor Relations Board could soon rule on a closely watched labor law case with major implications for property rights, union organizing tactics and even what workers can write about on their company email accounts.


In 2005, Roundy's Supermarkets Inc., ordered members of the company’s construction union, the Milwaukee Building and Construction Trades Council, to leave its parking lots for urging customers to boycott the stores and shop elsewhere in the midst of a fierce labor dispute.

The union was upset that nonunion contractors, which the union claimed was not paying prevailing area standard wages and benefits, were building stores and expanding or remodeling existing stores for the Milwaukee-based chain.

The union set up protests in the parking lots at 26 Roundy's stores, both leased and company-owned sites. Protesters distributed handbills and offered coupons redeemable at competitor grocery stores.

After Roundy's officials ordered police to remove protesters who were not company employees, the union filed a complaint with the NLRB. The case has bounced between an administrative law judge and the agency, and legal analysts say the NLRB could issue a ruling this year. The agency declined to comment because the decision is pending.


Labor and management groups are closely watching the case, which pits basic rights to free speech and public protest against equally fundamental rights regarding private property.

The ruling is likely to set precedents for organizing battles.

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http://www.washingtontimes.com/news/2012/jan/12/union-fight-pits-rights-of-free-speech-private-lan/