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September 07, 2004

Reason to disagree w/Justice Thomas #32

Lechmere, Inc. v. NLRB, 502 U.S. 527 (1992): Justice Thomas goes to great lengths to repeat at least a dozen times the rule established (or rather, according to him, affirmed by this case). That rule is simply that "an employer cannot be compelled to allow distribution of union literature by nonemployee organizers on his property" except where "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." NLRB v. Babocock & Wilcox Co., 351 U.S. 105, 113 (1956). It's really a simple rule. A very bad rule (as the dissent by Justices White and Blackmun makes very clear), but it's simple, and could have been expressed once, with perhaps a few examples of the exception. Thomas provides the examples (which are as narrow as he can manage, including logging camps, mining camps, and mountain resort hotels), but he does so in a ponderous and pedantic way, apparently so he can repeat again and again that he's giving the finger to the union with this opinion. Respectfully, Justice Thomas, we get your point. Thanks.

Posted September 7, 2004 09:44 AM | 2L

I'm with you, AI. I read the very case last night!

Posted by: Shelley at September 7, 2004 10:28 AM

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