New York-New York, LLC v. NLRB, No. 11-1098 (D.C. Cir. 2012)
Annotate this CaseThis case arose when petitioner, a hotel and casino, contracted with a restaurant corporation, which operated restaurants on petitioner's property. The primary issue raised by petitioner in this case was whether a property owner could bar employees of an onsite contractor from distributing union-related handbills on the property. The court had previously determined that the governing statute and Supreme Court precedent granted the Board discretion over how to treat employees of onsite contractors in circumstances such as this one. Consequently, the Board had exercised its discretion on remand in the prior case and concluded that a property owner generally could not bar employees of an onsite contractor from distributing union-related handbills on the property. Therefore, the court was bound by its prior decision and rejected petitioner's attempt to reopen it. The court also rejected petitioner's remaining arguments and denied the petition for review, granting the Board's cross-application for enforcement of its order.
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