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MONTGOMERY WARD & CO., INC. v. N.L.R.B.

No. 81-2501.

692 F.2d 1115 (1982)

MONTGOMERY WARD & COMPANY, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Warehouse, Mail Order, Office, Technical and Professional Employees Local 743, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Intervening-Respondents.

United States Court of Appeals, Seventh Circuit.

Decided November 10, 1982.

Attorney(s) appearing for the Case

Alexandra M. Goddard, Montgomery Ward & Co., Inc., Chicago, Ill., for petitioner.

Kenneth Hipp, Deputy Asst. Counsel, Elliott Moore, N.L.R.B., Washington, D.C., for respondent.

Before CUMMINGS, Chief Circuit Judge, CUDAHY, Circuit Judge, and EAST, Senior District Judge.

CUDAHY, Circuit Judge.

Whether employers may prohibit nonemployee union organizers from entering their property to discuss unionization with employees is a highly sensitive question. It arises from the inherent tension between the self-organization rights of employees and the property rights of employers. In the case before us, the National Labor Relations Board (the "Board") determined that an employer's no-solicitation rule, even when applied in a nondiscriminatory...

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