Prevent Distribution of Pro-Union Literature in the Workplace

Key Points

  • Employers must be aware that a solicitation/distribution policy must be in place before a union begins an organizing campaign. If an employer does not have a policy at the time union activity begins, employers may still instruct its employees to work at the point when and if the union activity interferes with their work productivity. Therefore, the value of having a policy in place before the union activity begins is significant as it provides employees with notice of its rights and does not require the employer to wait for such activity to interfere with work production.
  • Employers are permitted to prohibit distribution of pro-union literature, including leaflets, handbills and other written materials, depending on the type of employee engaging in the distribution of union materials and the location where the distribution is taking place.
  • Essentially, employers may prohibit nonemployees from engaging in distribution of literature on employer's premises at any time. Also, employers may prohibit employees' distribution of literature in working areas even on nonworking time.

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