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Sharpen your no-solicitation policy with precise language

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in Employment Law,Human Resources

Issue: How to stop employees from promoting a union organizing campaign on company time.

Benefit: A correctly worded no-solicitation policy gives you the power to legally squash in-house organizing efforts.

Action: To make sure your policy passes legal muster, employ the following points.

The best way to prevent employees from rallying support for a union in the workplace is to write and enforce a specific no-solicitation policy.

To make sure it stands up against any legal challenge, your policy should:

1. Prohibit solicitation during work hours.

2. Ban distribution of literature or other materials at all times in all work sites.

3. Prohibit nonemployees from soliciting at any time on your company property.

4. Be posted in a prominent place and included in your handbook. Require employees to sign it as acknowledgment.

To discourage solicitation of your employees, make sure everyone is aware of your rule, and be willing to enforce it.

Example: If you want to stop employees from handing out fliers on the shop floor that promote a union meeting, you may also need to crack down on employees who want to distribute pamphlets for an upcoming Girl Scout cookie sale.

The National Labor Relations Board recently said that vague or overly broad no-solicitation rules could be enough to overturn union elections won by employers.

Sample policy: Solicitations

For a sample no-solicitation policy and further advice, access our free Solution Center report, How to Write a Solicitation Policy, at www

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