Volume 73, Number 6

December 1998

Keep Off the Grass: Prohibiting Nonemployee Union Access Without Discriminating

Deborah L. Stein

This Note will examine what the NLRB and the courts have determined constitutes “discrimination” and the rationales behind their conclusions. It will argue for a narrow view of “discrimination” and, in keeping with the Court’s assertion of employer property rights, advocate that nonemployee union protest activities be viewed differently than nonemployee union organizational activities.