Unlawful access?

At least one blogger believes provisions in EFCA mandating union access to company property violate existing Supreme Court case authority, Lechmere v. NLRB. Why this analysis is flawed after the jump. 

Of course, Lechmere is based upon the Court's interpretation of the NLRA, and not on constitutional grounds. It is beyond dispute Congress could amend the NLRA and overrule Lechmere. Whether and when it will do so is in question. If Congress chooses to mandate union access to employer's private property likely there will be a challenge to the constitutionality of any such provisions. If the government can use eminent domain to seize private property and turn it over to a developer to further an economic development plan, its hard to see how Congress lacks the authority to require temporary access to an employer's property in an industry affecting commerce.