What policies may an employer implement in order to prevent the distribution of union materials and solicitation of union members in the workplace?

Author: Jed L. Marcus, Bressler, Amery & Ross, P.C.

An employer may promulgate uniformly applied rules that prevent a union supporter from distributing union materials and soliciting members in the workplace during working hours. However, these rules may not prohibit solicitation and distribution by an employee when he or she is not working in non-work areas, such as the lunch room or cafeteria. An employer should develop and distribute to employees a written policy which makes it clear that an employee may not solicit or distribute material during working hours and at work areas. Many employers place this policy in their employee handbook. This policy should be clear and uniformly enforced. It must also be noted that the employer cannot discriminate against union organizers and in favor of non-union individuals, such as those selling candy for school fundraisers.