Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: solicitation

The NLRB Expands Employer Authority over its Publicly Accessible Spaces

Posted in Property Rights, Union Organizing
In a win for employers’ private property rights, the NLRB last month gave employers greater rights to control how their property is used, including what occurs on publicly accessible spaces within that property, like a cafeteria.  In UPMC Presbyterian Hospital, 368 N.L.R.B. No. 2 (2019), the NLRB held that “an employer may prohibit nonemployee union… Continue Reading

New NLRB Guidance Gives The Green Light On Common Sense Employee Work Rules

Posted in Employee Handbooks, NLRB
Last December, the NLRB recently established a new standard for determining the lawfulness of facially neutral employee handbook policies that “may” restrict the exercise of an employee’s NLRA rights.  As more fully discussed in our prior post, in Boeing Company the NLRB rejected its previous standard for reviewing employer rules and replaced it with a… Continue Reading

When is Talk About Unions Lawfully Prohibited by a No-Solicitation Policy?

Posted in NLRB, Union Organizing
Many employers maintain a policy prohibiting solicitation and distribution.  Under long-standing law, these policies, if correctly drafted, can prohibit employees from engaging in certain types of union activity at certain times of the day.  A recent decision from the NLRB, however, makes it clear that these policies have their limits, and raises the question of… Continue Reading

NLRB’s GC Determines That Employees Must Expressly Invoke Their Right to Access Employer Property When They are Part of a Larger Group

Posted in NLRB
By Nelson Cary and Brad Gibson The UFCW union has tilted at the Wal-Mart windmill for many years now, employing various tactics to get Wal-Mart employees interested in unions and union activity. One tactic that has been used is mass demonstrations, including picketing. It was the use of a demonstration against Wal-Mart that recently led the NLRB’s… Continue Reading

Are There Any Policies I Can Keep in My Employee Handbook? NLRB Continues Tearing Apart Well-Intentioned Employer Policies

Posted in NLRB
By Nelson Cary and Ashley Manfull On the heels of last month’s NLRB decision in Costco Wholesale Corp., 358 N.L.R.B. No. 106 (Sept. 7, 2012), an administrative law judge (“ALJ”) for the NLRB has issued a new opinion finding portions of an employer’s social media policy unlawful, and directing the employer to remove other policies. … Continue Reading

NLRB Invites Briefs in Case with Potentially Significant Implications for Employer Solicitation and Distribution Policies

Posted in NLRB
Recently, the NLRB issued a notice inviting interested parties to file briefs on whether an employer violates the NLRA by denying union access to its property to distribute handbills while permitting other individuals, groups, or organizations to use its property for various fundraising or solicitation activities. The question arose from an unfair labor practice case… Continue Reading

“Harassment” and Union Organizing Activity

Posted in NLRB, Union Organizing
During union organizing campaigns, employers are often confronted with complaints from employees that employee organizers are "harassing" them about signing union authorization cards.  Sensitized through years of training on laws prohibiting discrimination and harassment, an employer’s first instinct is often to view such complaints under its harassment policy.  Employers sometimes also encourage employees to report "harassment"… Continue Reading