Solicitation laws & HR compliance analysis

Solicitation: What you need to know

Generally, there are two types of solicitation: union solicitation and all others, including, but not limited to, political solicitation and charitable solicitation. Solicitation can be a request for money or also include handing out informational pamphlets, putting up posters espousing a certain religious belief, or a simple request for football tickets. Employers may prohibit employees or others from this type of activity. Prohibitions are usually included in an employee handbook or posted rules. Security personnel or trained receptionists also can prevent solicitation. Rules against solicitation must be uniformly enforced.
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Section 7 of the National Labor Relations Act (NLRA) protects employees' rights to engage in concerted activities for their mutual aid and protection and to form, join, or assist labor organizations. Examples of the rights protected by Section 7 include forming or attempting to form a union, joining a union whether the union is recognized by the employer or not, assisting a union to organize employees, striking to secure better working conditions and, subject to certain exceptions, picketing. Generally, concerted activity is protected unless it is unlawful or seriously undermines the employment relationship.
Solicitation. Pro-union solicitation usually involves an oral communication and the exchange of union authorization cards that are used to file election petitions with the National Labor Relations Board (NLRB).
A valid no-solicitation rule should not be too broadly worded; this type of activity enjoys the broadest legal protection because employees have the right to organize for their mutual aid and protection. However, the employer can prohibit solicitation ...

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