In a separate case decided a couple of weeks ago, the agency validated an employer removing non-employee union organizers from public areas of their property. Historically, employers have been able to keep non-employee organizers off their property with two significant exceptions – they could not discriminate (if one non-employee group can be there, then so can the union) and non-employee organizers could not be kept away from public areas of the employer’s facility as long as they were engaged in customary activities for that particular area. By a vote of 3-1, the NLRB ruled that the UPMC Presbyterian Shadyside Health had the right to have police remove the non-employee organizers and further that an employer may decide what types of activities, if any, it will allow by non-employees on its property” so long as it is not discriminating between non-employee union reps and other non-employees.