The Virtues of Location; Do Property Rights ‘Trump’ Workers' Rights to Self-Organization?

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Abstract
By statute and custom, labor–management conflict occurs in particular places. In their search for dominance, management often attempt to deny unions access to the site of conflict by invoking their putative property rights. Courts and the US National Labor Relations Board have at times recognized the legitimacy of unions' claims for access to private property. But the relationship between private properly rights and unions' rights to access under Section 7 of the National Labor Relations Act is ambiguous; some courts believe property rights should be protected whatever the virtues of a location for effective labor–management relations. The tensions between these sets of rights are considered in the light of contests of interpretation over Section 7 rights and its relative powers with respect to property rights.

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