The National Labor Relations Board recently ruled that off-duty contractors can participate in union activities at the workplace.
The board's Dec. 16 decision overturns a overturns a 2019 decision and reestablishes a 2011 standard. It concludes that a property owner may exclude the employees of its contractors from engaging in protected activity on the worksite only if such activity would significantly interfere with the use of the property, or where exclusion is justified by another legitimate business reason.
The case involved the San Antonio Symphony, which leases performance space from the Tobin Center for the Performing Arts, which is owned and operated by the Bexar County Performing Arts Center Foundation. During the performance season, symphony employees use the Tobin Center's break room for breaks, lunches and union meetings.
On Feb. 17, 2017, about a dozen symphony employees who were union members sought to peacefully leaflet on the sidewalk in front of the main entrance to the Tobin Center. They were protesting the Ballet San Antonio's decision to use recorded music, rather than live music, for its production of Tchaikovsky's Sleeping Beauty. Event staff and San Antonio police officers immediately informed the symphony employees that they could not distribute leaflets anywhere on the property, including the sidewalks.
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