No Solicitation Signs

gael

I am ordering "No Solicitation/Distribution in this building or on this property" signs for our building. No - they don't have any posted now.
I don't want to overlook the forest for the trees. Does the sign need to say anything other than that?
thanks

Gillian

Not that I can think of. There are two reasons for "no solicitation" signs. One is to keep vendors out of the building but signs won't keep the extra assertive ones out. The other is to restrict the solicitation of employees for union membership. The policy only works if other solicitation is also banned, including the girl scout cookies, otherwise there may be a unfair labor practice filed against you because of discriminatory administration of your policy. That doesn't mean that you shouldn't have one, however. Now that I mentioned "policy" that is something that you should do. There should be a supporting "no solicitation" policy in your employee handbook or other policy documents.

Gar

Gillian,

Correct me if I'm wrong, but I always thought that such policies do not apply to soliciting interest in union membership on an employers property.

Theresa Gegen TX

There are specific legal limits on solicitation and distribution policies. Policies that prohibit all soliciation on company property at all times and all distribution on company property at all times violate the National Labor Relations Act. This is because employees have a right to organize. Posting signs all over the workplace that prohibit solicitation and distribution on a broad basis would probably be an outright violation.

Generally, an employer can prohibit solicitation during work time (note not just time the employees are at work, but time they are actually on the clock) in work areas. Distribution can probably be prohibited in work areas. Solication and distribution cannot be prohibited in break areas and break time. This is just a thumb nail sketch, so before your company posts those signs or develops a policy, I would have them reviewed by a labor attorney.

Good Luck!

Theresa Gegen
Texas Employment Law Letter
Andrews & Kurth, LLP
Dallas, Texas

Margaret Morford

Theresa,

Am I right in believing that a solicitation policy can also keep outside union organizers from coming on the premises? If you don't have it, they can be on your property soliciting union memebers during a union drive

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

gael

Thanks to all who replied, it is very helpful. We do have a policy that permits solicitation/dist. on "off" [breaks,etc.] time and not in work areas. Based on this, do you think the wording of the proposed sign is ok?
My understanding is that the signs would aid in preventing organizers being on the property which is our right and would help keep them out of the building.

Theresa Gegen TX

In most cases no solicitation policies can be used to keep out NON EMPLOYEE union organizers (people who are employed by the union but not the company) -- but they will be overly broad if they apply to employee union organizers. They have to be applied uniformly (if you want to keep the union out, you need to keep the girlscouts out too).

One exception is if the employees are in a remote area, and the only way the union can reach them is at the workplace. This might apply, for example, if the employees live and work at a remote resort. This is not the norm for most employers, but a few have to worry about it.

Good Luck!