May an employer prohibit a union organizer from distributing union materials and soliciting members in the workplace during working hours?
Author: Jed L. Marcus, Bressler, Amery & Ross, P.C.
Yes. An employer may establish uniformly applied rules that prevent a union supporter from distributing union materials and soliciting members in the workplace during work hours. However, these rules may not prohibit solicitation and distribution by employees when they are not working in non-work locations, such as the lunch room or cafeteria. It must also be noted that an employer cannot discriminate against a union organizer and in favor of a non-union individual, such as one selling candy for school fundraisers.