Glendale Associates, Ltd. v. National Labor Relations Board

In the spring of 1997, Local 57 of the National Association of Broadcast Employees and Technicians, the Broadcasting and Cable Television Workers Sector of the Communication Workers of America (“Union” or “Local 57”) and the American Broadcasting Company, Inc. (“ABC”) were engaged in a contract dispute. To pressure ABC to settle the dispute, union representatives from Local 57 distributed handbills to customers outside of the Disney Store in the Glendale Galleria (“Galleria”). The Union targeted the Disney Store because it is owned by Disney Enterprises, Inc. (“Disney Enterprises”), the same parent company that owns ABC. The handbills the Union distributed outside the Disney Store informed customers of ABC’s and Disney Enterprises’ anti-worker policies and encouraged customers to express their concerns about Disney Enterprises’ corporate practices to Disney’s corporate headquarters and to Congress.

Petitioners co-own and manage the Galleria. Shortly after the Union began handbilling at the Galleria, Petitioners requested that the Union comply with their rules regarding distributing written materials on their premises. Relevant to this appeal, Petitioners requested that the Union…