United Food and Commercial Workers, Afl-Cio, Local No. 880 v. National Labor Relations Board

HARRY T. EDWARDS, Chief Judge:

In NLRB v. Babcock & Wilcox Co., 351 U.S. 105, 112-13, 76 S.Ct. 679, 684-85, 100 L.Ed. 975 (1956), the Supreme Court held “that an employer may validly post his property against nonemployee distribution of union literature,” except when “the location of a plant and the living quarters of the employees place the employees beyond the reach of reasonable union efforts to communicate with them.” For more than 35 years, the courts have consistently enforced Babcock’s mandate, holding that, as a general rule, section 7 of the National Labor Relations Act (“NLRA” or…