The National Labor Relations Board has held that an employer violated U.S labor law when it implemented and enforced a policy restricting off-duty employee access to its property without prior supervisor authorization. What does this mean for your business? Adam Dougherty and Suheily Davis from Ius Laboris US member FordHarrison explain. Originally posted on the Ius Laboris Knowledge Base: www.globalhrlaw.com

1. U.S. Labor Board strikes down work
rule prohibiting off-duty employee
access to company property
Publication Date: 6 June 2014 | Author(s): Adam Dougherty,
adougherty@fordharrison.com, Suheily Davis, snatal@fordharrison.com
Member Firm(s): FordHarrison Country: United States
Executive Summary: The National Labor Relations Board (the NLRB or
Board) has held that an employer violated U.S labor law when it
implemented and enforced a policy restricting off-duty employee access to
its property without prior supervisor authorization. See American Baptist
Homes of the West d/b/a Piedmont Gardens and Service Employees
International Union, United Healthcare Workers-West, (May 1, 2014).
Background
The issue came to a head after a union representative attempted to meet
with two off-duty employees in the employee break room. The two
employees subsequently were sent home for showing up to the meeting in
violation of the rule. The collective bargaining agreement between the
employer and union allowed union representatives to visit the employer’s
property at reasonable times as long as the representative met with
employees during their free time and in non-work areas. Despite this
agreement, the employer implemented a rule restricting access to its
property by off-duty employees without prior supervisor approval and
posted a notice stating that “the union is not permitted to hold meetings in
the employee break room.”
The Board found the employer’s no-access rule to be unlawful because it
gave management unlimited discretion to decide when and why
employees may access the property. The Board ordered the employer to
withdraw the policy and to post a notice informing employees of the
Board’s decision and explaining the steps taken to rectify the violation.
What does this mean for my business?
If the needs of your business require a policy restricting off-duty access to
your property, ensure that this policy applies to all employees, regardless
of the purpose of their visit. Based on the Board’s decision in this case, a
rule restricting such access will be held valid only if it: (1) limits access

2. 2
solely with respect to the interior of the facility and other working areas; (2)
is clearly disseminated to all employees; and (3) applies to off-duty
employees seeking access to the facility for any purpose.
Originally posted on the Ius Laboris Knowledge Base:
www.globalhrlaw.com
About Ius Laboris
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