Lechmere, Inc. v. NLRB

Supreme Court of the United States · 1992 · Labor Law

502 U.S. 527 (1992)

Updated August 1, 2026

Labor Lawnonemployee organizer accessNLRASection 7Section 8(a)(1)nonemployee union organizersemployer property rightstrespass

Facts

A union sought to organize approximately 200 employees at Lechmere's retail store in Newington, Connecticut. After a newspaper advertisement drew little response, nonemployee union organizers entered Lechmere's parking lot to place handbills on cars, but Lechmere, which had a no-solicitation policy for nonemployees on its property, ordered them to leave and removed the handbills. The organizers then distributed handbills and picketed from a public grassy strip near the entrance, recorded license plates in the employee parking area, obtained the names and addresses of about 41 employees, and attempted to contact employees by mail, phone, and home visits. Those efforts produced one signed authorization card.

Issue

Whether the NLRA required Lechmere to allow nonemployee union organizers onto its property to communicate with employees. More specifically, the question was whether the Board could compel access under its Jean Country balancing approach or whether access was permitted only under Babcock's narrow inaccessibility exception.

Rule

Section 7 protects employees, not nonemployee union organizers, except derivatively in the rare case where employees are beyond the reach of reasonable union efforts to communicate with them through usual channels. An employer may validly exclude nonemployee organizers from its property unless the employees are otherwise inaccessible or the employer's access rules discriminate against union solicitation; where reasonable alternative means of access exist, Section 7 does not authorize trespass by nonemployee organizers.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Prairie Vista Outfitters operates a large retail store in Tulsa, Oklahoma. Nonemployee union representatives tried to stand in the store's privately owned employee parking area to hand leaflets to workers arriving for shifts, but the company directed them to move to the public sidewalk along the street, where they could display signs and distribute literature.

If the union files an unfair labor practice charge alleging that the employer had to allow the organizers into the parking area, what is the best answer?

Explanation. Section 7 protects employees, not nonemployee organizers, except derivatively in the rare case where employees are otherwise beyond the reach of reasonable union communication efforts. The majority reaffirmed the general rule that an employer may exclude nonemployee organizers from its property so long as reasonable alternative means of access exist. The union need not be guaranteed the best or most effective location, only reasonable access to employees through usual channels.