Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: union solicitation

Unexpected Unanimity: NLRB Deals Blow to Union Solicitation of Mail Ballots and Defends Election Integrity

Posted in Elections
In a political climate fraught with partisanship, rare instances of bipartisanship and even unanimity can be welcome events.  For labor professionals on the management side, the NLRB’s June 9, 2021 decision in Professional Transportation, Inc. is likely to be doubly welcome, as the NLRB unanimously held that a union’s solicitation of mail ballots constitutes objectionable… Continue Reading

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

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

“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