First Healthcare Corp. v. National Labor Relations Board

This case presents the difficult question of whether the National Labor Relations Board (the Board) erred in concluding that off-duty, off-sité employees have a section 7 right to access the outside non-working areas of their" employer’s property that outweighs the employer’s property rights, except where restrictions on access are justified by business reasons. In reaching this conclusion, the Board purported to balance the employees’ section 7 rights against the employer’s property rights. Reviewing the Board’s decision for substantial evidence, the panel majority concludes that the Board…