NLRB also gave another win to an employer last week in the Bexar County Performing Arts Center Foundation decision. In that case, the NLRB Board overruled an administrative law judge’s finding that the employer could not prohibit workers in the employ of a subcontractor of the employer from distributing protest leaflets to patrons attending the employer’s performances. The Board leaned heavily on the fact that the leafleting protesters were not employees of the Foundation but rather employees of one of the Foundation subcontractors. Consequently, it determined that in a conflict between an owner-employer’s private property rights and the Section 7 rights of non-employee workers to engage in union activities, the owner-employer’s constitutionally guaranteed private property rights must prevail, overturned the judge’s decision and dismissed the complaint.