Non Solication Rule
Paul H
2 Posts
We have a non solication rule for employees at our company. Recently, one of our customers wanted to post a notice of a raffle he was having for a charity on our front door. People would purchase tickets from my employees.I think this falls under the same guidelines as our company rule for non solication but I wanted to check this out before I said anything. Thanks for the help.
Paul H
Paul H
Comments
No solicitation during work time and no distribution during working time in work areas. Work time means when the employee(s) are actually at work. It does not include before and after work, break periods, or meal periods. These rules apply to employees.
For nonemployees, you can prohibit any solicitation or distribution on the company's property, except in that rare circumstance in which the union has no other reasonable alternative (i.e., logging camp in the middle of nowhere),
Even if you have these "presumptively valid" rules, the NLRB will look for evidence that you have discriminatorily enforced the rules. Thus, if you let the vendor distribute literature on your property, but not a union organizer, the NLRB will find that you have discriminatorily applied your rule.
In addition, your e-mail seems to be talking about using the company's bulliten board. The same concepts apply. You do not have to allow anyone to post anything on your bulliten boards. If you do, however, then you should be aware that you may not be able to prohibit union organizers (either employee organizers or nonemployee organizers) from also using the bulliten boards.
Finally, you may want to review your e-mail policy because the NLRB will apply the same concepts to e-mails.
Vance Miller
Editor, Missouri Employment Law Letter
Armstrong Teasdale LLP
(314) 621-5070
[email]vmiller@armstrongteasdale.com[/email]