![]() ![]() ![]() In the case discussed in the Memorandum, the employer owned a number of retail stores throughout the country. A rule prohibiting all non-employee solicitation on the premises, however, is lawful. (Retailers also may prohibit solicitation in selling areas during both work and non-work time and health care employers may prohibit solicitation in patient care and treatment areas during both work and non-work time, as well.) A rule containing a blanket prohibition against solicitation (e.g., “no solicitation”) generally is unlawful because it could be interpreted by employees to prohibit employee solicitation during the employees’ non-work time. In general, the National Labor Relations Act permits an employer to maintain a rule prohibiting solicitation by employees during their work time, but not during non-work time. Can a sign saying simply, “No Solicitation,” posted on a store window, be found lawful although on its face it could be viewed as unduly restricting employees’ protected union activity? An Advice Memorandum of the National Labor Relations Board’s General Counsel’s Division of Advice indicates the answer is “sometimes,” but a careful reading of the opinion also suggests a strong admonition for most retailers against embracing this shorthand prohibition too quickly. ![]()
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