There’s almost enough fodder to make NLRB activities a weekly feature in Small Regular No Sugar! and this week is no exception. A recent Advice Memorandum from NLRB General Counsel Jennifer Abruzzo laid out a number of changes that she wants made to Board precedents relating union access to employer property. Specifically, the General Counsel has targeted past-decided cases that restrict the ability of union representatives to enter employer property. The issues essentially stem from two 2019 cases (UPMC and Kroger Ltd. Partnership) both of which expanded upon an almost 70-year precedent (Babcock) that established an employer’s right to exclude non-employees from the employer’s property unless: employees were otherwise inaccessible to the union; or the employer discriminated against the union by prohibiting it from using the employer’s facilities, but allows other non-union groups to use it. Subsequent rulings added a “public spaces” exception that allowed union reps to use employer space if it were also used by the public. UPMC eliminated the public spaces exception, while Kroger limited the application of discrimination to only those instances where non-union groups were permitted to hold “similar activities in similar relevant circumstances” and the General Counsel advised in an earlier memorandum that she believed they were wrongly decided. Although those two cases remain “good law” for the time being, the General Counsel’s memo indicates that it is just a matter of time before they’re overturned and union agents will again be allowed to roam on private property.