Why can no-solicitation rules create problems for employers?

No-solicitation rules may cause problems for employers if management prohibits solicitation activity on behalf of unions, but allows solicitation or distribution of literature for other causes. For example, permitting employees to solicit funds for their favorite charities, for gifts or for flowers may set a precedent when those same employees later want to solicit signatures on union cards. Similarly, it may be difficult to keep nonemployee union organizers out of the workplace, if an employer allows local charities or salespersons to come in to solicit. The National Labor Relations Board, however, has made an exception in the case of the United Way, allowing that agency to come into workplaces to solicit funds without violating no-solicitation rules.

In some cases, however, employers have announced rules completely banning solicitation of any kind, anywhere on company property at any time --including break periods. The NLRB regularly finds such broad rules unlawful, even though they treat labor activities and other personal activities alike. The NLRB simply will not allow an employer to stop all labor activity at the workplace on the grounds that every other personal activity is being stopped as well.