Facts of the Case

Lechmere owned and operated a large retail store in a shopping plaza. Nonemployee union organizers campaigned to organize the store employees by entering the company's parking lot and placing handbills on car windshields. Lechmere prohibited solicitation and literature distribution on its property. The union organizers persisted in their leafleting campaign despite continued objections from Lechmere. The union filed an unfair labor practice charge against Lechmere. An NLRB judge ruled in the union's favor.

Question

May nonemployee union organizers trespass on private property to solicit union support?

Conclusion

No, reasoned Justice Thomas in his first Court opinion, except in situations where inaccessibility makes communication through normal channels ineffective. There were alternatives short of trespass, such as signs, mailings, and newspaper ads. (Thomas's defense of private property rights may offer a clue to his budding jurisprudence.)