The case was filed by four cafeteria workers employed by Sodexo at USC University Hospital in Los Angeles who were disciplined after violating the hospital’s access rules. Off-duty employees at the hospital were only allowed on the campus if they were visiting a patient, were a patient or were taking part in “hospital-related business.” The NLRB reversed the decision of an administrative law judge who ruled there was no violation in the case. The NLRB cited a previously established test regarding access, which requires that “off-duty employee access to a facility is valid only if it limits access solely to the interior of the facility, is clearly disseminated to all employees, and applies to off-duty access for all purposes, not just for union activity.” Because USC’s policy did not apply to off-duty access for “all purposes,” the board ruled it a violation of the NLRA.
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