Westlaw News

D.C. Circuit upholds NLRB ruling allowing Kroger to bar union activity on its property

A U.S. appeals court on Friday rejected a union’s challenge to a National Labor Relations Board decision involving Kroger Co that said employers can prohibit union officials from soliciting on their property, even when they allow organizations such as the Girl Scouts and Salvation Army to do so.

A unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said it could not consider a United Food and Commercial Workers Union local’s claim that Kroger exhibited anti-union animus by adopting a non-solicitation policy in order to bar union activity, because it had not made that argument before the NLRB.

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