Appeals Court: Union Leafleting OK In “Mixed-Use” Hallway

The D.C. Circuit Court of Appeals upheld an NLRB ruling that the entrance hallway at the DHL Express main hub in Cincinnati was a  “mixed-use” area  – both work and non-work –  and therefore union organizers were within their rights to distribute literature there. The hallway, which passes a mandatory security check point and is the major entry way for most DHL employees at the airport, is used by the company for a various work-related purposes and activities. It also has computer stations that employees can use during non-work time to, among other things, check their email. The court’s decision reiterated that “no restriction may be placed on the employees’ right to discuss self-organization among themselves, unless the employer can demonstrate that a restriction is necessary to maintain production or discipline.”