New York-New York, LLC v. National Labor Relations Board

Opinion for the Court filed by Circuit Judge KAVANAUGH, with whom Circuit Judges HENDERSON and ROGERS join.

Concurring opinion filed by Circuit Judge HENDERSON.

KAVANAUGH, Circuit Judge:

Under precedents of the Supreme Court and the National Labor Relations Board, a property owner generally may not bar its employees from distributing union-related handbills on the property. But a property owner generally may bar non-employees from doing so. In this case, the primary question raised by New York-New York Hotel and Casino in Las Vegas is whether a property owner may bar employees of an onsite…