by C. Thomas Davis, Esq.
Unions are stepping up their organizing activity, and smart employers are preparing by making sure their rules on solicitation, distribution and access to private property meet legal requirements.
If you don’t have a “no solicitation/no distribution” policy, adopt one now. It can help regulate two types of conduct that unions depend on when trying to organize a workplace: solicitation, which is an oral call to action, and the distribution of literature.
Regulating nonemployee activity
Employers may completely prohibit nonemployee union organizers from entering private property to solicit and distribute if:
- The union has reasonable access to those employees through other avenues, and
- The employer does not discriminate by allowing access to other nonemployees.
The second condition is the bigger problem. An employer cannot allow nonemployee access for one commercial solicitation and then lawfully deny...(register to read more)