EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – Ban on Distribution or Solicitation

Single Topic for Decision 2868M

View all topics for Decision 2868M

Full Decision Text (click on the link to view): Full Text

Employer’s policy that prohibits “[t]he solicitation of employees by employee union representatives and non-employee union organizers during an employee’s work time and/or in patient care areas at any time,” and also broadly prohibits non-employees from soliciting “membership in, or participation on behalf of any social, fraternal, political, religious or other organization” and distributing literature on employer’s premises at any time, are overbroad and therefore unlawful. First, the restriction against non-employee access is so broad that it could reasonably be interpreted to encompass union staff. Second, the rule’s categorical prohibition against distributing literature on employer premises at any time is incompatible with the MMBA, as it extends to distribution in non-patient care areas during non-work time. (pp. 56-57.)