Workforce organizers

Anyone have pointers on how to legally address a request for union organizers to have access to company property (i.e., lunchroom talks and handing out pamplets)? We are currently not unionized and this is the first time we have dealt with such a request. Any help is sincerely appreciated -thanks.

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  • Employers definitely walk a tightrope dealing with these types of situations. The first thing to remember is that you are covered by the National Labor Relations Act even though your company is not yet unionized. Under that law, employees have the right to organize. Also, paid union reps that seek employment for the purpose of union organizing ("salts"), are protected by the NRLA.

     A company can regulate union organizing activities, but there are very specific rules. You can have a nonsolicitation policy as long as it is limited to working time. For instance, policies that are limited to "work" or "work hours" are fine, but ones that apply "company time" are not since company time may include breaks, lunch, and time before or after work.  You also can't keep your employees from distributing union literature in outside, nonwork areas. Also, while you can have a policy prohibiting your workers from socializing with each other, the policy can't be so broad so that employees think that they can't gather to discuss working conditions.

    Hope this is helpful, good luck!

  • Thanks for the info - so does that mean if we have an employee who is willing to help the union distribute fliers and talk to other employees in the break room (i.e., not on work time, but on work premises), we must let that employee do so?

  • Yes, I believe that is correct. As long as it's not on work time, they can do this.
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