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NLRB seeks briefs on handbilling issues
September 05, 2007 by Ross Runkel at LawMemo

NLRB has invited parties and amici to file briefs (due October 2, 2007) in New York New York Hotel (pending oral argument)

Press release and Notice: http://www.nlrb.gov/shared_files/Press%20Releases/2007/R-2632.htm

Related briefs and documents: http://www.nlrb.gov/research/frequently_requested_documents.aspx

Issues include whether Ark Las Vegas Restaurant Corporation's employees, who are employed by Ark on the premises of the New York New York Hotel and Casino, have a statutory right to distribute handbills at various places on hotel property during the employees' off-duty hours. The handbills were aimed at guests and customers and protested Ark's nonunion status and wages. Oral arguments before the full Board are scheduled for November 9, 2007.

Briefs may address the following, plus any other relevant issues:

1. Without more, does the fact that the Ark employees work on NYNY's premises give them Republic Aviation rights (324 U.S. 793 [1945]) throughout all of the non-work areas of the hotel and casino?

2. Or are the Ark employees invitees of some sort but with rights inferior to those of NYNY's employees?

3. Or should they be considered the same as nonemployees when they distribute literature on NYNY's premises outside Ark's leasehold?

4. Does it matter that the Ark employees here had returned to NYNY after their shifts had ended and thus might be considered guests, as NYNY argues?

5. Is it of any consequence that the Ark employees were communicating, not to other Ark employees, but to guests and customers of NYNY (and possibly customers of Ark)? Compare United Food & Commercial Workers, 74 F.3d at 298. (Derivative access rights, the Supreme Court has held, stem 'entirely from on-site employees' Section 7 organizational right to receive union-related information.' ITT Industries, 251 F.3d at 997.)

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