United Food and Commercial Workers International Union; Organization United for Respect at Walmart (“our Walmart”)…

Summary

The court held that the National Labor Relations Act did not preempt Walmart’s state-court trespass action because the state controversy concerned trespass and the location of the conduct, whereas the labor-board proceeding concerned alleged unfair labor practices. It also held that Walmart retained possessory rights in shopping-center common areas subject to nonexclusive easements and could exclude unauthorized entrants. The court concluded that the injunction and declaration were too broad because they prohibited all non-shopping activity without being limited to conduct proven to cause irreparable harm, so it affirmed the judgment as modified. Justice Goodson concurred on law-of-the-case grounds rather than the merits of preemption, and Justice Hart concurred in part and dissented in part because she would remand for the circuit court to narrow the injunction.