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https://ogletree.com/insights/solicitation-and-distribution-who-can-do-what-when-and-where/#:~:text=Employees%20have%20the%20legal%20right%20to%20engage%20in,to%20prohibit%20solicitation%20during%20the%20employee%E2%80%99s%20working%20time.
https://ogletree.com/insights/solicitation-and-distribution-who-can-do-what-when-and-where/
Employees have the legal right to engage in union solicitation (either for or against) while at work subject to the employer’s right to prohibit solicitation during the employee’s working time. Stated another way, employees must be allowed to engage in union solicitation at any location on the employer’s property as long as it is done during the non-working time of all employees involved.
https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/employees/your-rights-during-union-organizing
Working time is for work, so your employer may maintain and enforce non-discriminatory rules limiting solicitation and distribution, except that your employer cannot prohibit you from talking about or soliciting for a union during non-work time, such as before or after work or during break times; or from distributing union literature during non-work time, in non-work areas, such as parking lots or break …
https://www.stevenslee.com/labor-and-employment-law-center/nlrb-broadens-definition-of-solicitation-reaffirms-that-working-time-is-for-work/
NLRB Broadens Definition of Solicitation – Reaffirms That “Working Time is for Work”. June 2, 2020. On May 29, 2020, the National Labor Relations Board (“NLRB”) issued a precedent changing decision regarding the rights of employees to “solicit” union support during working hours. Previously, the NLRB had required that in order to constitute union solicitation, the solicitor’s conduct …
https://projectionsinc.com/unionproof/solicitation-policy-loitering-organizing/
The Burger King employer thought he was entitled to stop employees from loitering or soliciting and discussing unions and wages. As the Judge wrote, “This assertion is simply incorrect.” You can forbid employees to discuss unions during work hours, but the prohibition must also apply to all other topics not connected with work.
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