Labor Law -- 2016

International Union of Painters v. Great Wash Park LLC   (Nevada S. Ct.)

Trespass is not protected union activity

NAM and allied association filed an amicus brief on 09/02/2015 with the Nevada Supreme Court in Great Wash Park, d/b/a Tivoli Village v. IUPAT, Local 159. The issue in this case concerns the fundamental right of property owners to access state courts in order to secure their right to be free of third-party trespass. Contrary to the claims of the Appellant, this case does not concern itself with federal labor law. The fact that the trespasser happens to be a labor union is immaterial. The NAM brief argues that by intentionally projecting an illuminated image onto various prominent and highly visible parts of a building and other physical structures, the “photobombers”, in this case - a labor organization, effectively takes control of the physical space on which the image is displayed. Such misappropriation interferes with the private property rights of the owner. The owner is entitled to dominion and control of the façade of its own buildings, and should not be subject to the trespass of any third party. Specifically, the NAM argues that state law property claims are not preempted by Section 303 of the LMRA, nor do they conflict with the policies of Section 8(b)(4) of the NLRA. Second, labor speech is not privileged over other types of speech. And third, projection on private property not only constitutes trespass but also takes property owners’ fundamental ownership rights. The Court declined to hear this appeal.

Related Documents:
NAM brief  (September 2, 2015)


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