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How To Write A Legal And Effective "No Solicitation" Rule |
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How To Write A Legal And Effective "No Solicitation" Rule |
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SYNOPSIS |
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As it relates to Union Organizing, “Solicitation” term means any method used by the union to induce employees to join. There are 2 kinds of solicitation: 1. By outside organizers. 2. By employees on the inside. If a company has a “No Solicitation” rule, this means that outsiders (non-employees) may not come on company property (or the property of the owner or customer) and pass out literature or talk union. This also means that all other outside solicitations such as insurance, selling raffles, sports pools, collections for needy families, charity, clothing sales, cosmetic sales, etc. are barred. This does not apply to supply, service or any other third party service personnel. However, if third party service people solicit for the union, they can be barred This eBook completely covers how to handle the writing of your "No Solicitation" rule so it meets NLRB criteria while at the same time reduces the annoyances and disruptions caused by internal and external union solicitors. We've helped keep companies union free since 1965. So, you can hire a labor attorney or buy anti-union videos and spend upwards of tens of thousands of dollars for the same detailed union-fighting information and advise contained in this low-cost eBook (which costs far less than a labor attorney's one-hour bill). |
Table Of Contents
A. THE MEANING AND IMPORTANCE OF SOLICITATION
B. EXAMPLES OF A NO SOLICITATION RULEExample 1 – Brief:
Example 2 – Descriptive
Example 3 – More Complete:C. COMPANY BULLETIN BOARDS
Example – Bulletin Board Posting Guidelines
D. UNION SOLICITING VIA INTRANET E-MAIL
PARTIAL PREVIEW
"Most savvy employers have “No Solicitation” rules. Such rules typically prohibit employees from engaging in solicitation activities on working time and in working areas, and non-employees from all solicitation activities on an employer’s premises. In general, such rules are legal and enforceable. The enforceability of such rules received a strong boost from the United States Supreme Court’s decision in Lechmere, Inc. v. NLRB, 502 U.S. 527 (1992). The Court in Lechmere decided that in most circumstances, an employer’s no solicitation rule may lawfully exclude non-employees, including non-employee union organizers, from engaging in solicitation or literature distribution activities on the employer’s premises.
"There are, however, some significant limits on the scope, adoption, and enforcement of no solicitation rules. These limitations, and a case that highlights the finer points of some of the limitations, will now be discussed, beginning with . . ."
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