"What do you want?" "Access!"

In class I spend a considerable amount of time on accessibility issues, including employers' restricting accessibility to their premises during union organization attempts. In that regard we discuss Lechmere's importance in establishing outside organizers have no Section 7 right to access an employers premises, Republic Aviation, which restricts employers from prohibiting employees from discussing and soliciting for unionization during non-working time, and Register Guard's denial of employees' access to company e-mail for union purposes. It now appears the Obama Board is willing to consider these issues, big time. More after the jump

Unlawful access?

At least one blogger believes provisions in EFCA mandating union access to company property violate existing Supreme Court case authority, Lechmere v. NLRB. Why this analysis is flawed after the jump. 

Register-Guard 2007 NLRB e-mail decision reversed by D.C. Circuit

Updated September 14, 2009: One of the "Bush" Board's most criticized decisions is Register-Guard. A three member majority held employees have no Section 7 right to use an employer's e-mail system. The majority also found that an employer's prohibition against e-mails containing union solicitations could be enforced despite the employer permitting employees to send non-job-related e-mails. This case is both an excellent teaching tool for analyzing accessibility/employer's property rights as well as a road map for immediate employer action. More on both after the jump